Article 4. Prohibition of forced labor Forced labor is prohibited. Forced labor is the performance of work under the threat of any punishment (forceful influence), including: in order to maintain labor discipline;as a measure

Article 415. Prohibition of a lockout In the process of resolving a collective labor dispute, including a strike, a lockout is prohibited - the dismissal of workers at the initiative of the employer in connection with their participation in a collective labor dispute or in

ARTICLE 575. Prohibition of donation 1. Donation is not allowed, with the exception of ordinary gifts, the value of which does not exceed three thousand rubles: (as amended by Federal Law of December 25, 2008 N 280-FZ)1) on behalf of minors and citizens recognized as incompetent, their legal

118. Types compulsory treatment For minors, outpatient compulsory observation and treatment by a psychiatrist may be prescribed by a court to a person recognized as either sane or insane. This measure is prescribed if the treatment of this person, as well as his safety and

119. Duration of compulsory treatment of minors Due to the impossibility of predicting the time required to treat a patient, compulsory medical measures are not associated with a specific period. However, in the interests of respecting the rights

Prohibition of labor discrimination Every person has equal opportunities to exercise their labor rights. No one may be limited in labor rights and freedoms or receive any advantages based on sex, race, skin color, nationality, language,

Prohibition of forced labor! Forced labor is prohibited by law. Forced labor is performing work under the threat of any punishment (violent influence), including: - in order to maintain labor discipline; - as a measure

The labor problem affects not only specific person, but also society as a whole. Forced labor is the most pressing problem for both national and international law. The concept of PR Forced labor is the performance of certain work under the threat of punishment. As such, both mental and physical pressure can be applied, which in any case is violent. Such influence is unacceptable in order to maintain labor discipline, economic development 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 beliefs. Forced labor is such if the worker does not have the opportunity to refuse it.

Info

Does it low salary ETC? Many people mistakenly believe that forced labor means low wages and unsatisfactory working conditions. It is important here to draw a clear line between violation of law and unfavorable conditions For successful activities.

Article 4. Prohibition of forced labor

Important

However, administrative legislation contains a rule that establishes liability for violation of the labor protection law. It includes administrative liability as well as disqualification.

In this case, punishment can only be applied to official. As for criminal legislation, it also does not contain provisions directly indicating liability for forced labor.

The only thing for which an employer can be held accountable according to the Criminal Code of the Russian Federation is non-payment of wages and other payments, as well as violation of labor safety rules. Labor legislation also contains rules that imply administrative and disciplinary liability for forced labor.
In general, any exploitation of employees may be considered forced labor or discrimination.

Prohibition of forced labor

No person, no organization can take away this right. Forced labor is a shining example violation of the above principle.

That is why this problem is especially carefully considered by the ILO. International organization labor considers 2 necessary elements for recognizing a certain type of activity as forced.

Firstly, there is no sign that the work is being done voluntarily. Secondly, the performance of duties is carried out under threat of punishment.

More than 75 years of practice have brought clarity to the above elements. In addition, the threat of punishment means not only a punitive sanction, but also the deprivation of certain rights.

Attention

Forms of threat of punishment in the OL Forced labor is characterized by various forms threats and punishment. The most prominent representatives are physical violence associated with deprivation of liberty.

Forced labor

A person read in the Labor Code of the Russian Federation that forced labor is when a person works, but his salary is delayed. Now I think that there is a thread for this, besides the article of delay in salary and the article of the Code of Administrative Offenses, violation of labor legislation. There is no harm to health, detention in captivity, violence here and never has been. #7-

Valerik- Posted by yurAha! Definitely in your hacienda in Mexico! ICW They turned it down! No! The situation is different. A person read in the Labor Code of the Russian Federation that forced labor is when a person works, but his salary is delayed.

Now I think that there is a thread for this, besides the article of delay in salary and the article of the Code of Administrative Offenses, violation of labor legislation. There is no harm to health, detention in captivity, violence here and never has been. half the country plows like this #8Annet_iz_Tver Sent by ICVMKV Article 127.2.

Forced labor is... the concept of forced labor

The Labor Code of the Russian Federation, according to which grounds for applying appropriate penalties arise as a result of the following acts: obstruction of the implementation of federal state supervision for compliance with labor legislation and other regulatory legal acts containing standards labor law; failure to comply with given instructions; the use of threats of violence or violent actions against state labor inspectors, members of their families and their property. The financial liability of the head of the organization and the employer is determined by Art. 277 and Chapter 38 of the Labor Code of the Russian Federation, respectively. Administrative liability of the employer arises for the commission of the following offenses:

• refusal to grant an employee leave to participate in elections, referendums (Art.

Labor law

V. Ivankina and others; edited by A. M. Kurennogo, S. P. Mavrin, V. A. Safonov, E. B. Khokhlova. 3rd ed., revision. M.: NORM; INFRA-M, 2015. 848 p. // SPS ConsultantPlus.

• On the ratification of Conventions of the International Labor Organization No. 29 of June 28, 1930 regarding forced or compulsory labor and No. 47 of June 22, 1935 on the reduction of working hours to forty hours a week: Decree of the Presidium of the USSR Armed Forces of June 4, 1956 // Vedomosti of the USSR Armed Forces. June 13, 1956 No. 12. Art. 253.
• On ratification of the Convention on the Abolition of Forced Labor: Federal Law of March 23, 1998 No. 35-FZ // SZ RF. 1998. No. 12. Art. 1348.
• The crisis produces slaves Electronic resourceURL: // https://www.gazeta.ru/social/2016/05/31/8274365.shtml (date accessed 10.10.2016).
• Adrianovskaya T. L.

The Russian Federation has proclaimed the prohibition of forced labor as one of the basic principles legal regulation labor and directly related relations. According to the Labor Code of the Russian Federation (Article 4), forced labor is the performance of work under the threat of any punishment (violent influence), including: − in order to maintain labor discipline; − as a measure of responsibility for participation in a strike; − as a means of mobilizing and using labor for the needs of economic development; − as a measure of punishment for having or expressing political views or ideological convictions contrary to the established political, social or economic system; − as a measure of discrimination based on race, social, national or religious affiliation.
Skip to content JavaScript is disabled You have JavaScript disabled. Some functions may not work. Please enable JavaScript to access all features. Posted by mentat, 19 Dec 2005 22:11

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Messages in topic: 13 #1mentat Posted Good evening, ladies and gentlemen! Forced labor is prohibited - that's a fact! Do we have any responsibility for forced labor (according to the Criminal Code or Code of Administrative Offenses)? Thanks in advance #2Annet_iz_Tver Sent Do we have any responsibility for forced labor (according to the Criminal Code or Code of Administrative Offenses)? But what? General - art. 5.27 Code of Administrative Offenses “Violation of Labor Laws”... #3mentat Sent That’s it? #4yur Posted Is that all? Are you planning to be a slave owner? A group of slave owners is under 15 years old, according to the Criminal Code. #5Kostilio Posted by mentat Article 127.1. UK Notes. 1.

Article 4 of the Labor Code of the Russian Federation. prohibition of forced labor

At the same time, forced labor does not include: work, the performance of which is stipulated by the legislation on conscription and military service or an alternative civil service replacing it; work, the performance of which is due to the introduction of a state of emergency or martial law; work performed under emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that threaten the life of the entire population or part of it; work performed as a result of a court sentence that has entered into legal force under the supervision of government bodies responsible for compliance with the law in the execution of court sentences.

Forced labor is prohibited.

Forced labor - performing work under the threat of any punishment (force), including:

in order to maintain labor discipline;

as a measure of responsibility for participating in a strike;

as a means of mobilizing and utilizing labor for economic development needs;

as a penalty for holding or expressing political views or ideological beliefs contrary to the established political, social or economic system;

as a measure of discrimination based on race, social, national or religious affiliation.

Forced labor also includes work that a worker is forced to perform under the threat of any punishment (violent influence), while in accordance with this Code or other federal laws he has the right to refuse to perform it, including in connection with:

violation of established deadlines for payment of wages or payment not in full;

the emergence of an immediate threat to the life and health of an employee due to violation of labor protection requirements, in particular the failure to provide him with means of collective or individual protection in accordance with established standards.

For the purposes of this Code, forced labor does not include:

work, the performance of which is stipulated by the legislation on conscription and military service or an alternative civil service replacing it;

work, the performance of which is conditioned by the introduction of a state of emergency or martial law in the manner established by federal constitutional laws;

work performed under emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases that threaten the life or normal living conditions of the entire population or part of it;

work performed as a result of a court sentence that has entered into legal force under the supervision of government bodies responsible for compliance with the law in the execution of court sentences.

COMMENT 1.

ILO Declaration on fundamental principles and rights at work (1998) including essential principles concerning fundamental rights, calls for the abolition of all forms of forced or compulsory labor (clause 2b of the Declaration).

This is the second case (along with Article 3 of the Labor Code of the Russian Federation) when a special article was included in the Code, specifying the principle already enshrined in Art. 2 of the Labor Code of the Russian Federation among the basic principles of legal regulation of labor relations and other relations directly related to them, which indicates the importance that the state attaches to the principle of prohibition of forced labor. 2.

Two ILO conventions are devoted to this problem - No. 29 “On Forced or Compulsory Labor” (1930) and No. 105 “On the Abolition of Forced Labor” (1957), ratified by Russia (as the legal successor of the USSR).

The provision prohibiting forced labor is enshrined in the Constitution of the Russian Federation (Article 37). 3. Definitions of forced labor used in Russian legislation, are largely based on similar ones contained in international legal acts.

Thus, forced labor means performing work under the threat of some kind of punishment (force). ILO Convention No. 29 clarifies that this term refers not only to work, but also to service required of a person under threat of any penalty, for the performance of which that person has not offered his services voluntarily.

In accordance with Russian labor legislation, to qualify labor as forced, only the threat of punishment is sufficient. 4.

Part 2 of the commented article provides a specific list of cases when labor should be considered forced. These cases include labor:

a) in order to maintain labor discipline;

b) as a measure of responsibility for participation in a strike;

c) as a means of mobilizing and using labor for the needs of economic development;

d) as a punishment for having or expressing political views or ideological beliefs contrary to the established political, social or economic system;

e) as a measure of discrimination based on race, social, national or religious affiliation. 5.

Part 3 Art. 4 of the Labor Code of the Russian Federation expands this list (in comparison with the positions enshrined in international legal acts).

In accordance with it, forced labor also includes work that an employee is forced to perform under the threat of any punishment, although in accordance with the Labor Code of the Russian Federation or other federal laws he has the right to refuse to perform it, including in connection with:

a) in violation of the established deadlines for payment of wages or payment of wages not in full;

b) the emergence of an immediate threat to the life and health of an employee due to violation of labor protection requirements, in particular the failure to provide him with means of collective or individual protection in accordance with established standards. 6.

The situation with non-payment of wages is apparently a purely Russian situation. International legal regulation does not even imply the possibility of “free” labor within the framework of labor relations based on law and contract.

In cases of untimely payment of wages, the employee has the right to suspension of work (except for the cases listed in Part 2 of Article 142 of the Labor Code of the Russian Federation), provided that the delay in payment of wages was more than 15 days and the employee notified the employer in writing about the suspension of work . Based on this norm, suspension of work is allowed not only in cases where a delay in payment of wages for a period of more than 15 days was due to the fault of the employer, but also in the absence of such. In this case, the employee has the right not to go to work until the delayed amount is paid to him (see paragraph 57 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”). 7.

Part 4 of the commented article contains a list of types of work that are not included in the concept of forced labor,

and, accordingly, the employee (or citizen) does not have the right to refuse to fulfill them.

Forced labor is prohibited. No one will argue with this statement.

But do you know what is meant by forced labor there may be work situations that employees face every day?

"Forced labor is not one of the widely discussed social problems in Russia.

However, in the professional community, under the influence of reality and information obtained from different sources, some idea of ​​this phenomenon has already been formed. Although in the expert questionnaire we provided the definition of forced labor from the 1930 ILO Convention, we asked the experts to independently determine the meaning they attach to this concept. Below are definitions of the concept of forced labor given by experts and grouped depending on key element, on which this or that definition is based. A large number of so-called contextual (situational) definitions indicate that this phenomenon is perceived by experts not as a theoretical concept, but as a real situation.

Keyword– violence, lack of control:

Work under threat of physical or psychological violence, possibly associated with institutional restrictions (for example, seizure of documents) for the employee;

Labor when the worker is not free to choose his job or working conditions;

Forced to do certain jobs;

Labor in captivity;

Labor not of one’s own free will, but as a result of deception, kidnapping, etc.

The key word is wages and other terms of the employment “agreement”

Work without pay, failure to pay wages on time or payment in full, as well as failure to comply with labor safety regulations (according to the Labor Code);

Work with no predetermined remuneration, if there is either no remuneration or it is not equivalent to the work performed, or work for minimal remuneration (only to maintain life and the ability to work);

Labor in violation of the terms of the contract;

Work without a mark in the work book.

"Complex" definitions:

Labor in conditions of hopelessness, which does not develop a person’s intellect and culture, but dulls it... when a person is forced to work for this place due to the fact that his legitimate constitutional rights and opportunities are infringed;

Labor under conditions of discrimination;

Slave forced labor, when people are deceived and do not comply with the promised conditions;

The main signs by which forced labor can be distinguished from voluntary labor:

Physical violence;

Psychological abuse;

Restriction of freedom

Debt bondage, addiction, different kinds working hours (housing, tickets, food, etc.);

Inability to choose working conditions;

Labor is under threat, including threat to life;

Lack of freedom to leave the employer or change place of work;

Lack of one's own will to perform work;

Forcing any additional services;

Unlawful restrictions on payment (non-payment, underpayment, delays, inadequate payment or lack thereof);

Payment of wages in kind/non-monetary form (for example, food or alcohol, drugs), work for food;

Labor “in swinish conditions”, inhuman conditions for workers;

Labor without social guarantees;

Lack of access to medical, social and legal assistance, inability to contact law enforcement agencies;

Absence of a contract or contract for the performance of work;

Illegal methods of recruitment;

Infringement of constitutional rights, guarantees and opportunities;

Failure to comply with labor laws;

Failure to respect human rights;

Violation moral principles(children sell alcohol and drugs)"

Supervisor:

Ph.D. Elena Tyuryukanova, leading researcher,

Institute of Socio-Economic Problems of Population

Russian Academy of Sciences

Legal analysis:

Ph.D. Vera Anishina (Chapter 2)

Regional work coordinators:

Ph.D. Dmitry Poletaev (Moscow, Stavropol)

Stanislav Shamkov (Omsk)

© International Labor Organization 2004

First edition, 2004

Constitution of the Russian Federation:

Article 37

1. Labor is free. Everyone has the right to freely use their ability to work, choose their type of activity and profession.

2. Forced labor is prohibited.

3. Everyone has the right to work in conditions that meet safety and hygiene requirements, to remuneration for work without any discrimination and not lower than that established by federal law minimum size wages, as well as the right to protection from unemployment.

4. The right to individual and collective labor disputes is recognized using the methods for resolving them established by federal law, including the right to strike.

5. Everyone has the right to rest. A person working under an employment contract is guaranteed the working hours, weekends and holidays established by federal law. holidays, paid annual leave.

Labor Code of the Russian Federation:

Forced labor is prohibited.

Forced labor- performing work under the threat of any punishment (violent influence), including:

in order to maintain labor discipline;

as a measure of responsibility for participating in a strike;

as a means of mobilizing and utilizing labor for economic development needs;

as a penalty for holding or expressing political views or ideological beliefs contrary to the established political, social or economic system;

as a measure of discrimination based on race, social, national or religious affiliation.

Forced labor includes:

violation of established deadlines for payment of wages or payment of wages not in full;

the employer's requirement that the employee perform labor duties if the employee is not provided with collective or individual protective equipment or the work threatens the life or health of the employee.

For the purposes of this Code, forced labor does not include:

work, the performance of which is stipulated by the legislation on conscription and military service or an alternative civil service replacing it;

work performed under emergency circumstances, that is, in cases of declaration of a state of emergency or martial law, disaster or threat of disaster (fires, floods, famine, earthquakes, severe epidemics or epizootics), as well as in other cases threatening life or normal life conditions of the whole population or part of it;

work performed as a result of a court sentence that has entered into legal force under the supervision of government bodies responsible for compliance with the law in the execution of court sentences.

Article 60. Prohibition to demand performance of work not specified employment contract

It is prohibited to require an employee to perform work not stipulated by an employment contract, except for cases provided for by this Code and other federal laws.

Commentary on the Labor Code of the Russian Federation

(edited by Prof. Yu.P. Orlovsky). - M., 2002. - 950 p.

Comment to article 4:

The prohibition of forced labor is a constitutional provision. In Art. 37 of the Constitution of the Russian Federation states that forced labor is prohibited. This means that no one can be forced to work under threat of punishment. Everyone has the right to choose any type of activity and profession and the right not to engage in labor activity at all.

The constitutional prohibition of forced labor is implemented in various laws and other regulatory legal acts - federal and constituent entities of the Russian Federation.

Article 1 of the Employment Law provides that the lack of employment of citizens cannot serve as a basis for bringing them to administrative or other liability; The article on liability for evasion of socially useful work was excluded from the Criminal Code (in the legislation such evasion was called parasitism).

The prohibition of forced labor is contained in a separate article, and not in the article “Basic labor rights and obligations of workers,” as provided for in the Labor Code. This underlines its fundamental role in regulating labor relations. The prohibition of forced labor provided for in the commented article is in accordance with international standards - legal acts- International Covenant on Civil and Political Rights of 1966 (USSR Air Force. 1976. N 17. Art. 291), ILO Convention No. 29 “On Forced or Compulsory Labor” of 1930 (USSR Air Force. 1956. N 13. Art. 279) and N 105 “On the abolition of forced labor” 1957 (SZ RF. 1998. N 12. Art. 1348).

Unlike the previous Labor Code, the Labor Code not only prohibits forced labor, but also defines its concept, which is identical to the corresponding wording of ILO Convention No. 29 “On Forced or Compulsory Labor”.

This Code has expanded the concept of forced labor in comparison with international legal norms. For the first time, the basic labor law defines that forced labor includes such violations of the employer’s obligation to pay wages, such as untimely payment or incomplete payment. Working without pay is forced labor, prohibited by ILO Convention No. 95 of 06/08/49, Part 2 of Art. 37 of the Constitution of the Russian Federation. This conclusion was reached by the RF Supreme Court, which overturned the decision of the Supreme Court of the Republic of Sakha (Yakutia) to recognize the illegal strike of workers of the Yakutskgorteploset PPTS, announced in connection with a long delay in the payment of wages. It is impossible to oblige an employee to perform job duties without paying wages (BVS RF. 1998. No. 10).

A person cannot be required to perform work that poses a threat to his life or health. The commented article also refers to such a requirement as forced labor.

Prohibiting forced labor, Art. 4 lists the types of work that are not considered forced labor.

This listing begins with work performed as part of military service and alternative civilian service. According to the Law on Military Duty, citizens undergoing military service, are military personnel. When conscripted for military service, a person may be sent to alternative civilian service. Work performed during the performance of military duty or alternative civilian service cannot be classified as forced labor. Work performed in emergency circumstances (accidents, fires, floods, earthquakes and other emergency circumstances) is not considered forced labor. life threatening or life support of the population). The Law on a State of Emergency provides for exceptional cases related to the need to conduct and provide emergency rescue and other urgent work, mobilization of able-bodied citizens and attracting them Vehicle to carry out the specified work subject to mandatory compliance with labor protection rules.

All work performed in execution of a sentence under a court sentence that has entered into legal force is not considered forced labor. These include correctional compulsory work, as well as work performed when sentenced to imprisonment. Article 103 of the Penal Code provides that everyone sentenced to imprisonment is obliged to work in places and jobs determined by the administration of correctional institutions. In turn, the administration is obliged to involve convicts in socially useful work, taking into account their gender, age, ability to work, state of health and, if possible, specialty.

Commentary to Article 60:

1. In Art. 60, which prohibits the employer from demanding the performance of work not stipulated by the employment contract, expresses one of the basic principles of regulation of labor relations, enshrined in Art. 2 TK, i.e. ensuring the right to work that everyone freely chooses or freely agrees to, including the right to manage their ability to work and choose a profession and occupation.

2. The prohibition of requiring employees to perform work not stipulated by the employment contract does not exclude the right of the parties, by mutual agreement, to change the terms of the employment contract, incl. and about labor function.

A change in the labor function (work in a certain specialty, qualification, position) stipulated by the employment contract is usually associated with a transfer to another job. The conditions and procedure for transferring to another job are regulated by Ch. 12 of the Labor Code (see commentary to Articles 72 - 75 of the Labor Code).

Resolution of the Plenum Supreme Court Russian Federation No. 2

Change of employment contract

16. Based on the content of Articles 60 and 72 of the Labor Code of the Russian Federation, the employer does not have the right to require the employee to perform work not stipulated by the employment contract, except in cases provided for by the Code and other federal laws, and also to transfer the employee to another permanent job without his consent.

A transfer to another permanent job in the same organization, requiring the written consent of the employee, should be considered a change in the labor function or other essential terms of the employment contract (part one of Article 72, Article 57 of the Labor Code of the Russian Federation).

The same consent must be obtained from the employee in case of transfer to permanent work in another organization or to another location together with the organization.

Another area should be understood as an area outside the administrative-territorial boundaries of the corresponding populated area.

If in the employment contract the employee’s place of work was determined by indicating a specific structural unit, then it is necessary to proceed from the fact that a change in the structural unit of the organization is possible only with the written consent of the employee, since in this case this entails a change in the essential terms of the employment contract (part two of article 57 Labor Code of the Russian Federation). Under structural unit organizations should be understood as branches, representative offices, as well as departments, workshops, areas, etc.

Taking into account these provisions, the employer has the right to transfer the employee to work not stipulated by the employment contract in order to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, accident or natural disaster; to prevent accidents (part one of Article 74 of the Labor Code of the Russian Federation).

At the same time, based on the specified provisions of the ILO Convention on Forced or Compulsory Labor, the temporary transfer of an employee without his consent to work not stipulated by the employment contract to prevent downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature) provided for in part one of Article 74 of the Code. , destruction or damage to property, as well as to replace an absent employee, may be considered justified provided that this was caused by emergency circumstances (subparagraph "e" of paragraph 4 of the Convention, part four of Article 4 of the Labor Code of the Russian Federation), or when failure to accept the above measures could lead to a disaster, industrial accident, natural disaster, accident and similar consequences.

18. In accordance with part one of Article 74 of the Code, a temporary transfer of an employee to another job due to production needs is possible only within the same organization with which the employee is affiliated labor relations; with wages for the work performed, but not lower than the average earnings for the previous job; the work should not be contraindicated for the employee due to health reasons and must correspond to his qualifications.

The duration of one such transfer cannot exceed one month. At the same time, based on parts one and two of Article 74 of the Code, a transfer to replace an absent employee can also be repeated, but its total duration should not exceed one month during calendar year(from January 1 to December 31).

If in connection with a transfer due to production necessity (including to replace an absent employee, who retains his workplace) the employee will have to perform work of a lower qualification, then such a transfer, by virtue of part three of Article 74 of the Code, can be carried out only with the written consent of the employee.

19. When resolving cases related to transfer to another job, it is necessary to keep in mind that refusal to perform work during a transfer made in compliance with the law is recognized as a violation of labor discipline, and absence from work is considered absenteeism.

It should be taken into account that by virtue of paragraph five of Article 219, part seven of Article 220 of the Code, an employee cannot be subjected to disciplinary action for refusal to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases provided for by federal laws, until such danger is eliminated, or from performing heavy work and work with harmful and (or) dangerous working conditions, not provided for in the employment contract. Since the Code does not contain rules prohibiting an employee from exercising this right even when the performance of such work is caused by a transfer due to production necessity, the employee’s refusal to temporary transfer for another job in accordance with Article 74 of the Code for the above reasons is justified.

The problem of labor affects not only a specific person, but also society as a whole. Forced labor is the most pressing problem for both national and international law.

Concept of PR

Forced labor is the performance of certain work under the threat of punishment. As such, both mental and physical pressure can be applied, which in any case is violent. Such influence is unacceptable in order to maintain the 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 worker does not have the opportunity to refuse it. The prohibition of forced labor applies to the following cases:

Legislation on PR

Forced labor is prohibited in many countries and is controlled by national legislation. Moreover, numerous regulations 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 Forced Labor Convention.

Besides, legal norms, prohibiting this type of work are reflected in general documents, for example the Universal Declaration of Human Rights.

not related to PR

Forced labor is only those actions that are performed under threat of punishment. However, there are conditions that formally fall under the above definition, but in fact are not such. These conditions include:

Territoriality of PR

Discrimination against forced labor permeates all areas and types of society, regardless of origin, historical background, period of formation, economic structure, and so on. This phenomenon can exist in both developed and poor countries, and is not limited to one area on the planet. This is largely due to the fact that the Forced Labor Convention and the ILO do not contain very specific standards. Most of of which are not binding norms.

In this regard, in many countries there are various interpretations the meaning of international acts. Thus, some believe that forced labor is closely related to totalitarian regime, as well as severe exploitation of humans. The second option involves the introduction of new terms such as “ modern slavery” or “a practice similar to slavery.” These concepts are associated with unsatisfactory and harmful working conditions, and also relate to low level wages.

Features of PR

Forced labor is an area of ​​activity that has distinctive features. IN 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 talks about 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 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 under emergency circumstances or during emergencies, as well as service or work under the strict control of representatives of government law enforcement agencies.

The ILO Convention states that forced labor is all economic activity, which is aimed at political re-education, and also entails discrimination. This 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 Labor Code RF.

Is low salary a PR?

Many people mistakenly believe that forced labor means low wages and unsatisfactory working conditions. Here it is important to draw a clear line between violation of rights and unfavorable conditions for successful activities. In the case of low pay, 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 donate the results of his work to one company or another.

Forced labor refers to a gross restriction of one’s freedoms proclaimed by law. This question relates entirely to modern international problems of slavery, serfdom, and debt bondage.

What actions are inextricably linked with PR?

Forced labor is the commission of certain actions that fall under the above qualifications. So to this species illegal activities include the following:

Forced labor at the ILO

Freedom of labor is one of the most important norms of any national legislation. No person, no organization can take away this right. Forced labor is a clear example of a violation of the above principle. That is why this problem is especially carefully considered by the ILO.

Considers 2 necessary elements for recognizing a certain type of activity as forced. Firstly, there is no sign that the work is being done voluntarily. Secondly, the performance of duties is carried out under threat of punishment. More than 75 years of practice have brought clarity to the above elements. In addition, the threat of punishment means not only a punitive sanction, but also the deprivation of certain rights.

Forms of threat of punishment in PR

Forced labor is characterized by various forms of threats and punishment. The most striking representatives are physical violence associated with imprisonment. In addition, criminals often take advantage of the opportunity negative influence on relatives and close persons of a person who is under the yoke of labor.

The second most common form is the psychological form of threats and influence. As a rule, the most common threats are the need to extradite victims law enforcement agencies. Thus, there are widespread cases when employers who actually forced their subordinates to work reported their location to the police or migration service. These threats are particularly successful in the case of illegal presence foreign citizen in the state. TO psychological impact also includes the threat of reporting information that a girl is engaged in prostitution in remote places settlements or cities.

Features of PR in the financial sector

The third form of threat is financial in nature. As a rule, the victim is subject to economic penalties, such as debts, non-payment of earnings, threats of dismissal, and so on. The latter option applies if the employee refuses to comply. In addition, employers often require the submission of identification documents. If you have been subjected to similar actions, it is worth considering whether you and your colleagues are showing signs of forced labor.