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Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
Involuntary servitude or involuntary slavery is a legal and constitutional term for a person labouring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While labouring to benefit another occurs also in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labour. Involuntary servitude is not dependent upon compensation or its amount. Prison labour is often referred to as involuntary servitude. Prisoners are forced to work for free or for very little money while they carry out their time in the system.
A domestic worker is a person who works within a residence and performs a variety of household services for an individual, from providing cleaning and household maintenance, or cooking, laundry and ironing, or care for children and elderly dependents, and other household errands. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service".
Mandatory retirement also known as forced retirement, enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire.
The Right to Organise and Collective Bargaining Convention (1949) No 98 is an International Labour Organization Convention. It is one of eight ILO fundamental conventions.
Since Singapore's independence in 1965, the human rights of Singaporeans have been set out in the Constitution of Singapore and include rights found in subsequent amendments and referendums. These rights have evolved through Singapore's history as a part of the Straits Settlements, its years under Japanese occupation, its position as a separate self-governing crown colony, and its present day status as a sovereign island country and city-state.
Foreign domestic helpers in Hong Kong are domestic workers employed by Hongkongers, typically families. They comprise five percent of Hong Kong's population, and about 98.5% of them are women. In 2019, there were 400,000 foreign domestic helpers in the territory. Required by law to live in their employer's residence, they perform household tasks such as cooking, serving, cleaning, dishwashing and child care.
Human Rights in Andorra are guaranteed under the Andorran constitution. The State Department considers Andorra to have few human rights concerns.
The Anti-Trafficking in Persons Act of 2003, officially designated as Republic Act No. 9208, is a consolidation of Senate Bill No. 2444 and House Bill No. 4432. It was enacted and passed by Congress of the Philippines' Senate of the Philippines and House of Representatives of the Philippines assembled on May 12, 2003, and signed into law by President Gloria Macapagal Arroyo on May 26, 2003. It institutes policies to eliminate and punish human trafficking, especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons. It aims "to promote human dignity, protect the people from any threat of violence and exploitation, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society."
Iranian labor law describes the rules of employment in Iran. As a still developing country, Iran is considerably behind by international standards. It has failed to ratify the two basic Conventions of the International Labour Organization on freedom of association and collective bargaining, and one on abolition of child labor. Countries such as the US and India have also failed to ratify many of these Conventions and a mere 14 other Conventions, only 2 since the Islamic Revolution.
Indian labour law refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a high degree of protection for workers, but in practice, this differs due to the form of government and because labour is a subject in the concurrent list of the Indian Constitution. The Minimum Wages Act 1948 requires companies to pay the minimum wage set by the government alongside limiting working weeks to 40 hours. Overtime is strongly discouraged with the premium on overtime being 100% of the total wage. The Payment of Wages Act 1936 mandates the payment of wages on time on the last working day of every month via bank transfer or postal service. The Factories Act 1948 and the Shops and Establishment Act 1960 mandate 18 working days of fully paid vacation or earned leaves and 7 casual leaves each year to each employee, with an additional 7 fully paid sick days. The Maternity Benefit (Amendment) Act, 2017 gives female employees of every company the right to take 6 months' worth of fully paid maternity leave. It also provides for 6 weeks worth of paid leaves in case of miscarriage or medical termination of pregnancy. The Employees' Provident Fund Organisation and the Employees' State Insurance, governed by statutory acts provide workers with necessary social security for retirement benefits and medical and unemployment benefits respectively. Workers entitled to be covered under the Employees' State Insurance are also entitled to 90 days worth of paid medical leaves. A contract of employment can always provide for more rights than the statutory minimum set rights. The Indian parliament passed four labour codes in the 2019 and 2020 sessions. These four codes will consolidate 44 existing labour laws. They are: The Industrial Relations Code 2020, The Code on Social Security 2020, The Occupational Safety, Health and Working Conditions Code, 2020 and The Code on Wages 2019. Despite having one of the longest working hours, India has one of the lowest workforce productivity levels in the world.
In 2010, Human trafficking in India, although illegal under Indian law, remained a significant problem. People were frequently illegally trafficked through India for the purposes of commercial sexual exploitation and forced/bonded labour. Although no reliable study of forced and bonded labour was completed, NGOs estimated this problem affected 20 to 65 million Indians. Men, women and children were trafficked in India for diverse reasons. Women and girls were trafficked within the country for the purposes of commercial sexual exploitation and forced marriage, especially in those areas where the sex ratio is highly skewed in favour of men. Men and boys were trafficked for the purposes of labour, and may be sexually exploited by traffickers to serve as gigolos, massage experts, escorts, etc. A significant portion of children are subjected to forced labour as factory workers, domestic servants, beggars, and agriculture workers, and have been used as armed combatants by some terrorist and insurgent groups.
Jordan ratified the 2000 UN TIP Protocol in June 2009.
Human trafficking in Australia is illegal under Divisions 270 and 271 of the Criminal Code (Cth). In September 2005, Australia ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which supplemented the United Nations Convention against Transnational Organized Crime. Amendments to the Criminal Code were made in 2005 to implement the Protocol.
Bahrain ratified the 2000 UN TIP Protocol in June 2004.
Rwanda ratified the 2000 UN TIP Protocol in September 2003.
In 2009 Qatar was a transit and destination country for men and women subjected to trafficking in persons, specifically forced labor and, to a much lesser extent, forced prostitution. Men and women from Nepal, India, Pakistan, Bangladesh, the Philippines, Indonesia, Vietnam, Sri Lanka, Ethiopia, Sudan, Thailand, Egypt, Syria, Jordan, and China voluntarily travelled to Qatar as laborers and domestic servants, but some subsequently faced conditions indicative of involuntary servitude. These conditions included threats of serious physical or financial harm; job switching; the withholding of pay; charging workers for benefits for which the employer is responsible; restrictions on freedom of movement, including the confiscation of passports and travel documents and the withholding of exit permits; arbitrary detention; threats of legal action and deportation; false charges; and physical, mental, and sexual abuse. In some cases, arriving migrant workers found that the terms of employment in Qatar were wholly different from those they agreed to in their home countries. Individuals employed as domestic servants were particularly vulnerable to trafficking since they are not covered under the provisions of the labor law. A small number of foreign workers transited Qatar and were forced to work on farms in Saudi Arabia. Qatar was also a destination for women who migrated and became involved in prostitution, but the extent to which these women were subjected to forced prostitution is unknown. Children have been used in Qatar and other Gulf countries as camel jockies. Most children are trafficked from Africa and South Asia. This practice has ceased in most areas though. Workers have been forced to work in bad conditions; their salaries are sometimes withheld.
In 2017 Pakistan was a source, transit, and destination country for men, women, and children subjected to trafficking in persons, specifically forced labour and prostitution. The largest human trafficking problem was bonded labour, concentrated in the Sindh and Punjab provinces in agriculture and brick making, and to a lesser extent in mining and carpet-making. Estimates of bonded labour victims, including men, women, and children, vary widely, but were likely well over one million. In extreme scenarios, when labourers speak publicly against abuse, landowners have kidnapped labourers and their family members.
The Inter-State Migrant Workmen Act, 1979 was an Act of the Parliament of India enacted to regulate the condition of service of inter-state labourers in Indian labour law. The Act's purpose was to protect workers whose services are requisitioned outside their native states in India. Whenever an employer faces shortage of skills among the locally available workers, the act created provisions to employ better skilled workers available outside the state. The act was replaced by the Occupational Safety, Health and Working Conditions Code, 2020
Slavery in international law is governed by a number of treaties, conventions and declarations. Foremost among these is the Universal Declaration on Human Rights (1948) that states in Article 4: “no one should be held in slavery or servitude, slavery in all of its forms should be eliminated.”
References
- ↑ Constitution of the Republic of Singapore ( 1999 Reprint ).
- ↑ Singapore employers using police to threaten domestic workers, report says. Al-Jazeera English. Toh Ee Ming. August 21, 2023.
- ↑ Singapore urged to fix rules on hiring domestic workers to stop forced labor. Reuters. Beh Lih Yi. January 15, 2019.
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