Labour Exploitation Accountability Hub
Search Results
Argentina / Criminal Code
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Article 140
Argentina Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 140 criminalises the act of reducing a person to any form of servitude or slavery, as well as receiving or maintaining a person in such conditions.
Criminal liability Forced labour Slavery
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Article 141
Argentina Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 141 criminalises unlawfully depriving another of his or her personal freedom, and imposes a penalty ranging from 6 months to 3 years of imprisonment.
Criminal liability
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Article 145
Argentina Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This Article criminalises the transportation of a person abroad, with the purpose of subjecting that person to the power of a third party, or to enlist that person in...
Criminal liability
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Article 145ter
Argentina Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 145ter provides aggravated penalties —5 to 10 years of imprisonment— when the human trafficking offence in Art. 145 bis is committed...
Criminal liability Human trafficking
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Article 148 bis
Argentina Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This provision imposes a penalty of 1 to 4 years of imprisonment on whoever profits from child labour, with the exception of tasks or work carried out for training...
Child labour Criminal liability
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Article 23
Argentina Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 23 provides for the seizure of any goods, including real estate, used in the commission of crimes of slavery or human trafficking under arts. 140, 145 bis...
Confiscation of assets Economic sanctions Proceeds of crime
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Article145 bis
Argentina Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 145 bis criminalises human trafficking, and punishes this crime with 4 to 8 years of imprisonment. This Article defines human trafficking as the offering...
Criminal liability Human trafficking
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Articles 29-32
Argentina Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 29 provides judges with the power to order defendants to pay a restitution, the costs, and additionally physical and moral damages caused to the victim...
Compensation Criminal liability Proceeds of crime
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Articles 303 and 304
Argentina Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 303 criminalises the laundering of the proceeds of crime. Article 304, provides that in cases where the crimes provided under Section 303 are committed in...
Administrative sanctions Criminal liability Economic sanctions Proceeds of crime
Argentina / Decree 1,694/2006 – Temporary Services Employment Agencies Reg
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Article 20
Argentina Law / Regulation of Recruitment Processes and Labour Recruiters
Article 20 sets out the applicable penalties for failing to comply with the terms of the Decree. This article provides for the liability of individual or corporate...
Administrative sanctions Coercive, unfair or deceptive recruitment Economic sanctions
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Article 6
Argentina Law / Regulation of Recruitment Processes and Labour Recruiters
Article 6 provides that temporary employment agencies will only be authorized to allocate personnel to a company under the following circumstances...
Coercive, unfair or deceptive recruitment
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Articles 15-19
Argentina Law / Regulation of Recruitment Processes and Labour Recruiters
Under these provisions, temporary services employment agencies must establish an escrow account and must deposit an amount equivalent to 100 minimum wages....
Coercive, unfair or deceptive recruitment Economic sanctions Minimum wage
Argentina / Decree No. 1,023/2001 - Procurement Regime of the Federal Administration
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Article 28(h)
Argentina Law / Procurement Legislation
Article 28 prohibits employers included in the Public Registry of Employers with Labour Sanctions (REPSAL) from contracting with the Federal Administration, for as long as...
Economic sanctions Procurement
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Articles 195 and 196
Argentina Law / Procurement Legislation
Under article 196, Federal Procurement Office may require public entities to include specific sustainability criteria in their bidding terms and conditions. Article 195 provides...
Procurement
Argentina / Decree No. 893/201 - Regulation of the Procurement Regime of the National Administration
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Article 84
Argentina Law / Procurement Legislation
Article 84 provides that a bid will be rejected without the possibility of remediation, if it was made by natural or legal persons not authorized to contract with the Federal Government...
Economic sanctions Procurement
Argentina / Law No. 11,544 - Workday Law
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Article 1
Argentina Law / Labour Law
Article 1 sets out the maximum duration of the workday at 8 hours per day, or 48 hours per week.
Maximum working hours, overtime, weekly rest and leave
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Article 2
Argentina Law / Labour Law
Health and safety Maximum working hours, overtime, weekly rest and leave
Argentina / Law No. 12,713 - Law on Home-based Work
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Article 3
Argentina Law / Labour Law
Article 3 defines the scope of application of this law, which includes all workers engaged in home-based work for a third party, defined as: a) work carried out at...
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Article 35
Argentina Law / Labour Law
Under this article, any businessman, intermediary or workshop owner, who uses violence, intimidation, handouts or false promises, in order to pay salaries...
Criminal liability Minimum wage Wage manipulation, non-payment or withholding of wages
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Article 36
Argentina Law / Labour Law
Under this Article, any businessman, intermediary or workshop owner, who destroys or tampers with the mandatory documentation or records set forth...
Criminal liability Minimum wage Wage manipulation, non-payment or withholding of wages
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Article 4
Argentina Law / Labour Law
Article 4 establishes the joint liability of the businesses, intermediaries and workshop managers contracting with home based workers for the payment of wages
Compensation Group or joint liability Wage manipulation, non-payment or withholding of wages
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Article 8
Argentina Law / Transparency in Supply Chains Legislation
Article 8 requires products manufactured in textile workshops to be identified with a label/mark that informs buyers about its origin. Such label or mark cannot be removed...
Certification schemes Transparency in supply chains
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Article 9
Argentina Law / Labour Law
Article 9 provides that the workplace must meet certain levels of hygiene and safety standards as determined by the Ministry of Labour. Under this Article, workshops...
Administrative sanctions Health and safety Poor standards of accommodation Poor working conditions
Argentina / Law No. 19,587 - Law on Safety and Hygiene conditions in the Workplace
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Article 1
Argentina Law / Labour Law
This Article defines the scope of application of the Law on Safety and Hygiene, and provides that the law shall apply to all establishments and employers, whether...
Health and safety
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Article 3
Argentina Law / Labour Law
Article 3 establishes the joint liability of contractors for breaches of the Law on Safety and Hygiene, for the work carried out by third parties (subcontractors) at establishments...
Group or joint liability Health and safety
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Article 8
Argentina Law / Labour Law
Health and safety
Argentina / Law No. 2,594 of the City of Buenos Aires
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Article 8
Argentina Law / Mandatory CSR Reporting
Under Article 8, for the preparation of the Social and Environmental Responsibility Report (Balance de Responsabilidad Social y Ambiental “BRSA”) companies shall consider...
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Articles 2 and 4
Argentina Law / Mandatory CSR Reporting
Article 2 provides that filing a Social and Environmental Responsibility Report (Balance de Responsabilidad Social y Ambiental “BRSA”) is mandatory for companies —both...
Argentina / Law No. 20,744, as amended - Labour Contract Law
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Article 17
Argentina Law / Labour Law
This article prohibits any kind of discrimination among employees based on sex, race, nationality, age, religion, political opinion or union membership.,
Discrimination
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Article 200
Argentina Law / Labour Law
This provision states that in the case that when the Ministry of Labour becomes aware that work is being carried out in unhealthy conditions, it will require...
Health and safety
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Article 66
Argentina Law / Labour Law
This Article provides that the employer may modify certain non-essential terms of the employment contract, such as its form, or the way in which the labour contract is...
Coercive, unfair or deceptive recruitment Employment contracts
Argentina / Law No. 24,557 - on Occupational Risks -
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Article 2
Argentina Law / Labour Law
Article 2 defines the scope of application of Law 24,557. The Law includes within its scope: a) The officers and employees of the national public sector, provinces and municipalities....
Health and safety
Argentina / Law No. 26,364 on the Prevention and Sanctioning of Human Trafficking and Assistance to Victims (as amended by Law No. 26,842)
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Article 2
Argentina Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This Article provides the definition of 'human trafficking' under Argentine Law. Article 2 defines human trafficking as the offering, recruitment, transportation...
Criminal liability Human trafficking
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Articles 6-8
Argentina Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Articles 6 to 8 guarantee a number of rights to victims of human trafficking, regardless of whether the victim has filed a complaint or is participating in the...
Civil liability Compensation Social protection
Argentina / Law No. 26,727 –Special Labour Regime for Agricultural Workers
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Article 12
Argentina Law / Labour Law
Article 12 establishes the joint liability for the fulfillment of employment related obligations, of principals contracting or subcontracting agrarian work or ...
Civil liability Group or joint liability Wage manipulation, non-payment or withholding of wages
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Article 13
Argentina Law / Labour Law
Civil liability Group or joint liability Wage manipulation, non-payment or withholding of wages
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Article 14
Argentina Law / Labour Law
Article 14 provides that the labour inspectorate will have the power to inspect and monitor the functioning of worker cooperatives, to ensure compliance with all...
Labour inspection
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Article 15
Argentina Law / Regulation of Recruitment Processes and Labour Recruiters
Article 15 prohibits the use of gangmasters or any other business dedicated to supplying temporary workers, as well as recruitment agents, in agricultural work...
Coercive, unfair or deceptive recruitment
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Articles 24-28
Argentina Law / Labour Law
Articles 24-26 set out minimum standards for the accommodation of workers, and provide that the employer must ensure the physical integrity and safety of the...
Health and safety Poor standards of accommodation Poor working conditions
Argentina / Law No. 26,940 - Promotion of registered work and occupational fraud prevention
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Article 13
Argentina Law / Procurement Legislation
Under Article 13, employers listed in the Public Registry of Employers with Labour Sanctions (REPSAL) are banned from entering into agreements with the Federal State...
Economic sanctions Procurement
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Article 17
Argentina Law / Procurement Legislation
Under Article 17, employers may request, from the Ministry of Labour, Employment and Social Security, a certificate proving that there are no sanctions imposed against the...
Certification schemes Corporate incentives Economic sanctions Procurement Transparency in supply chains
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Article 3
Argentina Law / Procurement Legislation
Under Article 3, sanctions for violations of the Laws Prohibiting Child Labour and Protection of Young Workers (Law No. 26,390 and sec. 148 bis of the Criminal Code) will ...
Economic sanctions Procurement
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Article 4
Argentina Law / Procurement Legislation
Under Article 4, convictions for the violation of law No. 26,364 for the Prevention and Sanctioning of Human Trafficking and Assistance to Victims, will be communicated...
Economic sanctions Procurement
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Articles 1-8
Argentina Law / Procurement Legislation
Article 1 creates the Public Registry of Employers with Labour Sanctions (REPSAL), under the Ministry of Work, Employment and Social Security. This list publishes the names of
Economic sanctions Procurement Transparency in supply chains
Argentina / Resolution No. 1,107/2014 - Procurement and Contracting Regime of the National Public Prosecutor’s Office
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Annex 1, Article 32
Argentina Policy / Procurement Legislation
Article 32 provides that the particular bidding terms and conditions for contracts with the Office of the Public Prosecutor, may require successful bidders to comply with minimum...
Procurement
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Annex 1, Article 82
Argentina Policy / Procurement Legislation
Article 82 requires successful contracting parties with the Prosecutor´s Office to fulfil their obligations arising from the labour legislation and regarding the payment of
Procurement
Australia / Age Discrimination Act 2004 (Cth)
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Section 18
Australia Law / September 2005 / Labour Law
Discrimination Social protection
Australia / Charter of Human Rights and Responsibilities Act 2006 (Vic)
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Section 11
Australia Law / 01st January 2007 / Other
Forced labour Human trafficking Slavery
Australia / Criminal Code Act 1995 (Cth)
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Division 12
Australia Law / 01st January 1997 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Corporate criminal liability
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Division 270
Australia Law / 01st January 1997 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Forced labour Slavery
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Division 271
Australia Law / 01st January 1997 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Debt bondage Human trafficking
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Division 73
Australia Law / 01st January 1997 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Immigration status
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Provision 400.1
Australia Law / 01st January 1997 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Criminal liability Proceeds of crime
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Provision 400.2
Australia Law / 01st January 1997 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Criminal liability Proceeds of crime
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Provision 400.3
Australia Law / 01st January 1997 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Criminal liability Proceeds of crime
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Provision 400.4
Australia Law / 01st January 1997 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Criminal liability Proceeds of crime
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Provision 400.5
Australia Law / 01st January 1997 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Criminal liability Proceeds of crime
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Provision 400.6
Australia Law / 01st January 1997 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Criminal liability Proceeds of crime
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Provision 400.7
Australia Law / 01st January 1997 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Criminal liability Proceeds of crime
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Provision 400.9
Australia Law / 01st January 1997 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Criminal liability Proceeds of crime
Australia / Disability Discrimination Act 1992 (Cth)
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Section 15
Australia Law / January 1993 / Labour Law
Discrimination Social protection
Australia / Employment Agents Registration Act 1993 (SA)
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Section 26
Australia Law / Regulation of Recruitment Processes and Labour Recruiters
Certification schemes Procurement
Australia / Employment Services Code of Practice (cth)
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Provision 1
Australia Law / 25th February 2010 / Regulation of Recruitment Processes and Labour Recruiters
Abuse of vulnerability Procurement Reporting
Australia / Ethical Clothing Trades Extended Responsibility Scheme (NSW)
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Provision 3.10
Australia Policy / 01 July 2005 / Transparency in Supply Chains Legislation
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Provision 3.11
Australia Policy / 01 July 2005 / Transparency in Supply Chains Legislation
Poor working conditions Transparency in supply chains
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Provision 5.23
Australia Policy / 01 July 2005 / Transparency in Supply Chains Legislation
Poor working conditions Transparency in supply chains
Australia / Fair Work Act (Cth)
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Section 323
Australia Law / 01st July 2009 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 325
Australia Law / 01st July 2009 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 328
Australia Law / 01st July 2009 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 340
Australia Law / 01st July 2009 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety
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Section 343
Australia Law / 01st July 2009 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 344
Australia Law / 01st July 2009 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 345
Australia Law / 01st July 2009 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
Australia / Industrial Relations Act 1996 (NSW)
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Section 117
Australia Law / 13th June 1996 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 118
Australia Law / 13th June 1996 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 120
Australia Law / 13th June 1996 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 127
Australia Law / 13th June 1996 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 22
Australia Law / 13th June 1996 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
Australia / Kimberley Process Certification Scheme
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Kimberley Process Certification Scheme
Australia Policy / 01 May 2000 / Policies
Certification schemes
Australia / Migration Act 1958 (Cth)
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Section 140HA
Australia Law / 14th October 2003 / Labour Law
Civil liability Coercive, unfair or deceptive recruitment Employment contracts Forced labour Immigration status Minimum wage Poor working conditions
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Section 140K
Australia Law / 14th October 2003 / Labour Law
Civil liability Coercive, unfair or deceptive recruitment Employment contracts Forced labour Immigration status Minimum wage Poor working conditions
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Section 245AD
Australia Law / 14th October 2003 / Labour Law
Civil liability Coercive, unfair or deceptive recruitment Employment contracts Forced labour Immigration status Minimum wage Poor working conditions
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Section 245AEB
Australia Law / 14th October 2003 / Labour Law
Civil liability Coercive, unfair or deceptive recruitment Employment contracts Forced labour Immigration status Minimum wage Poor working conditions
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Section 245AH
Australia Law / 14th October 2003 / Labour Law
Civil liability Coercive, unfair or deceptive recruitment Employment contracts Forced labour Immigration status Minimum wage Poor working conditions
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Section 245AJ
Australia Law / 14th October 2003 / Labour Law
Civil liability Coercive, unfair or deceptive recruitment Employment contracts Forced labour Immigration status Minimum wage Poor working conditions
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Section 245AK
Australia Law / 14th October 2003 / Labour Law
Civil liability Coercive, unfair or deceptive recruitment Employment contracts Forced labour Immigration status Minimum wage Poor working conditions
Australia / Minimum Conditions of Employment Act 1993 (WA)
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Section 10
Australia Law / 23rd November 1993 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 11
Australia Law / 23rd November 1993 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 12
Australia Law / 23rd November 1993 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 13
Australia Law / 23rd November 1993 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
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Section 14
Australia Law / 23rd November 1993 / Labour Law
Coercive, unfair or deceptive recruitment Discrimination Employment contracts Health and safety Reporting Wage manipulation, non-payment or withholding of wages
Australia / Occupational Health and Safety Act 2004 (Vic)
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Section 21(1)
Australia Law / 01st July 2005 / Labour Law
Health and safety Social protection
Australia / Occupational Safety and Health Act 1984 (WA)
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Section 19(1)
Australia Law / 19th December 1984 / Labour Law
Health and safety Social protection
Australia / Private Employment Agents (Code of Conduct) Regulation 2015 (QLD)
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Section 16
Australia Law / 01st September 2015 / Regulation of Recruitment Processes and Labour Recruiters
Abuse of vulnerability Procurement Reporting
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Section 17
Australia Law / 01st September 2015 / Regulation of Recruitment Processes and Labour Recruiters
Abuse of vulnerability Procurement Reporting
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Section 26
Australia Law / 01st September 2015 / Regulation of Recruitment Processes and Labour Recruiters
Abuse of vulnerability Procurement Reporting
Australia / Racial Discrimination Act 1975 (Cth)
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Section 15
Australia Law / 01st January 1975 / Labour Law
Discrimination Social protection
Australia / Recruitment and Consulting Services Association of Australia and New Zealand, Code for Professional Conduct
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General Principle 1
Australia Policy / 06th March 2014 / Regulation of Recruitment Processes and Labour Recruiters
Certification schemes
Australia / Sex Discrimination Act 1984 (Cth)
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Section 14
Australia Law / March 1984 / Labour Law
Discrimination Social protection
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Section 16
Australia Law / March 1984 / Labour Law
Discrimination Social protection
Australia / Work Health and Safety (National Uniform Legislation) Act 2011 (NT) & Work Health and Safety (National Uniform Legislation Regulations (NT)
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Act s 19(3) and Regulation s 39
Australia Law / 01st January 2012 / Labour Law
Health and safety Social protection
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Act ss 19(1) – 19 (2)
Australia Law / 01st January 2012 / Labour Law
Health and safety Social protection
Australia / Work Health and Safety (National Uniform Legislation) Act 2011 (Tas) & Work Health and Safety (National Uniform Legislation Regulations (Tas)
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Act s 19(3) and Regulation s 39
Australia Law / 01st January 2012 / Labour Law
Health and safety Social protection
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Act ss 19(1) – 19 (2)
Australia Law / 01st January 2012 / Labour Law
Health and safety Social protection
Australia / Work Health and Safety Act 2011 (ACT) & Work Health and Safety Regulations (ACT)
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Act s 19(3) and Regulation s 39
Australia Law / 01st January 2012 / Labour Law
Health and safety Social protection
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Act ss 19(1) – 19 (2)
Australia Law / 01st January 2012 / Labour Law
Health and safety Social protection
Australia / Work Health and Safety Act 2011 (NSW) & Work Health and Safety Regulations (NSW)
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Act ss 19(1) – 19 (2)
Australia Law / 01st January 2012 / Labour Law
Health and safety Social protection
Australia / Work Health and Safety Act 2011 (Qld) & Work Health and Safety Regulations (QLD)
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Act s 19(3) and Regulation s 39
Australia Law / 01st January 2012 / Labour Law
Health and safety Social protection
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Act ss 19(1) – 19 (2)
Australia Law / 01st January 2012 / Labour Law
Health and safety Social protection
Australia / Work Health and Safety Act 2011 (SA) & Work Health and Safety Regulations (SA)
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Act s 19(3) and Regulation s 39
Australia Law / 01st January 2012 / Labour Law
Health and safety Social protection
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Act ss 19(1) – 19 (2)
Australia Law / 01st January 2012 / Labour Law
Health and safety Social protection
Austria / Act on Combating Social Fraud
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Section 2
Austria Law / Federal Law Gazette I Nr. 113/2015 as amended by Federal Law Gazette I Nr. 44/2016 / Labour Law
Administrative sanctions Social protection
Austria / Anti Wage and Social Dumping Act
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Section 10
Austria Law / Federal Law Gazette I Nr. 44/2016 / Labour Law
Administrative sanctions Economic sanctions Minimum wage wage deductions / joint liability
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Section 29
Austria Law / Federal Law Gazette I Nr. 44/2016 / Labour Law
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Section 3 (1)
Austria Law / Federal Law Gazette I Nr. 44/2016 / Labour Law
Minimum wage
Austria / Austrian Commercial Code
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Section 243 (5)
Austria Law / Transparency in Supply Chains Legislation
Transparency in supply chains
Austria / Civil Code
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Section 1152
Austria Law /Law Gazette Nr. 946/1811 as amended by Federal Law Gazette I Nr. 43/2016 / Labour Law
Minimum wage Remuneration
Austria / Code of Criminal Procedure
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Section 110
Austria Law / Federal Law Gazette I Nr. 631/1975 as amended by Federal Law Gazette I Nr. 92/2016 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Proceeds of crime Seizure of assets
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Section 115
Austria Law / Federal Law Gazette I Nr. 631/1975 as amended by Federal Law Gazette I Nr. 92/2016 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Proceeds of crime Seizure of assets
Austria / Corporate Criminal Liability Act
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Section 12
Austria Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Corporate criminal liability
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Section 20
Austria Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Injunction Sequestration of assets
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Section 3
Austria Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Corporate criminal liability
Austria / Criminal Code
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s 153e
Austria Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Organised undeclared work
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Section 104
Austria Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Criminal liability Slavery
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Section 104a
Austria Law /
Abuse of vulnerability Criminal liability Forced labour Human trafficking
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Section 116
Austria Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Abuse of migrant status Criminal liability Discrimination Human trafficking
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Section 20
Austria Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Austria / Employment of Foreigners Act
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Section 28c
Austria Law / Federal Law Gazette I Nr. 218/1975 as amended by Federal Law Gazette I Nr. 113/2015 / Labour Law
Abuse of vulnerability Employment under exploitative conditions Human trafficking
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Section 29
Austria Law / Federal Law Gazette I Nr. 218/1975 as amended by Federal Law Gazette I Nr. 113/2015 / Labour Law
Employment contracts Immigration status Wages
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Section 3
Austria Law / Federal Law Gazette I Nr. 218/1975 as amended by Federal Law Gazette I Nr. 113/2015 / Labour Law
Administrative sanctions Employment contracts Recruitment
Austria / Federal Public Procurement Law (2006)
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Section 129
Austria Law / Procurement Legislation
Economic sanctions Procurement
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Section 240
Austria Law / Procurement Legislation
Economic sanctions Procurement
Austria / Labour Inspection Act
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Section 3
Austria Law / Federal Law Gazette I Nr. 27/1993 as amended by Federal Law Gazette I Nr. 72/2016 / Labour Law
Labour inspection
Austria / Minimum Wage Rates for Domestic Workers
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s 2
Austria Decree / Federal Law Gazette II Nr. 299/2014 as amended by Federal Law Gazette II Nr. 345/2016 / Labour Law
Minimum wage
Austria / National Action Plan Against Trafficking in Human Beings
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National Action Plan against Trafficking in Human Beings
Austria Policy / 2005 / Policies
Health and safety Human trafficking Reporting Slavery
Austria / Vacation Act
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Section 2
Austria Law / Federal Law Gazette I Nr. 390/1976 as amended by Federal Law Gazette I Nr. 3/2013 / Labour Law
weekly rest and leave
Austria / Workers protection Act
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Section 11 (1)
Austria Law / Federal Law Gazette I Nr. 450/1994 as amended by Federal Law Gazette I Nr. 72/2016 / Labour Law
Health and safety
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Section 3
Austria Law / Federal Law Gazette I Nr. 450/1994 as amended by Federal Law Gazette I Nr. 72/2016 / Labour Law
Health and safety
Austria / Working Time Act
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Section 3
Austria Law / Federal Law Gazette I Nr. 461/1969 as amended by Federal Law Gazette I Nr. 42/2016; Federal Law Gazette I Nr. 114/1983 as amended by Federal Law Gazette I Nr. 152/2015 / Labour Law
maximum working hours overtime weekly rest and leave
Bangladesh / Constitution of the People's Republic of Bangladesh
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Article 34
Bangladesh Constitutional / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 34 explicitly prohibits all forms of forced labour.
Criminal liability Forced labour
Bangladesh / Criminal Code
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Article 364A
Bangladesh Law / 6 October 1860 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Under Article 364A, kidnapping or abducting a child under the age of 10 for the purpose of subjecting that child to grievous harm or slavery is punishable with the death penalty, or with life imprisonment ...
Criminal liability Slavery
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Article 367
Bangladesh Law / 6 October 1860 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Under Article 367, kidnapping or abducting a person with the purpose of placing such person in danger of being subjected to grievous harm or slavery, or knowing that the person will likely be subjected to slavery or ...
Criminal liability Slavery
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Article 370
Bangladesh Law / 6 October 1860 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 370 criminalises the buying or disposing of a person as a slave, and punishes this offense with up to 7 years of imprisonment and a fine.
Criminal liability Slavery
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Article 371
Bangladesh Law / 6 October 1860 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 371 criminalises the habitual dealing in slaves, and prescribes a penalty of life imprisonment, or a penalty of up to 10 years' imprisonment.
Criminal liability Slavery
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Article 374
Bangladesh Law / 6 October 1860 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 374 criminalises forced labour (compelling a person to work against their will), and prescribes a sentence of up to 1 year of imprisonment and a fine for...
Criminal liability Forced labour
Bangladesh / Emigration Ordinance 1982
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Section 20
Bangladesh Law / 24 March 1982 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 20 criminalises a number of unauthorized activities such as tampering with the employment contract of overseas workers or making any agreement with another person binding that person ...
Coercive, unfair or deceptive recruitment Criminal liability Debt bondage Employment contracts
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Section 21
Bangladesh Law / 24 March 1982 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Under Section 21, fraudulently inducing a person to emigrate or to enter an agreement to emigrate is established as a criminal offense.
Coercive, unfair or deceptive recruitment Criminal liability
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Section 23
Bangladesh Law / 24 March 1982 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 23 provides that recruitment agents will be liable for charging additional fees to the prescribed amounts in exchange for overseas recruitment. Non-licensees are also punishable under this provision, for ...
Coercive, unfair or deceptive recruitment Criminal liability Debt bondage
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Section 26
Bangladesh Law / 24 March 1982 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 26 provides that the offences contained in the Ordinance will be tried by special courts.
Criminal liability
Bangladesh / Human Trafficking Deterrence and Suppression Act 2012
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Section 10
Bangladesh Law / 20 February 2012 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Under section 10, kidnapping a person with intent to commit the offence of human trafficking is established as a criminal offence, and is punished with 5 to 10 years of imprisonment ...
Criminal liability Human trafficking
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Section 17
Bangladesh Law / 20 February 2012 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Under section 17, any person may file a complaint in case of commission of any offence under the Human Trafficking Act 2012.
Criminal liability Human trafficking
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Section 18
Bangladesh Law / 20 February 2012 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 18 establishes a legal presumption that a person in whose custody or control the victim or any material used for committing a human trafficking offence is found, is considered to have committed ...
Criminal liability Human trafficking
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Section 2
Bangladesh Law / 20 February 2012 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 2 provides the definitions of key terms utilised in the act such as 'forced labour or service', 'slavery', 'debt bondage', 'exploitation' and 'oppression'. This section also provides the basis for the criminal liability of corporations ...
Corporate criminal liability Criminal liability Debt bondage Forced labour Human trafficking Slavery
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Section 27
Bangladesh Law / 20 February 2012 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 27 declares that the Courts have the authority to seize, freeze or confiscate any domestic or foreign property which has been acquired by the accused person through the commission of an offence ...
Compensation Criminal liability Economic sanctions Proceeds of crime
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Section 28
Bangladesh Law / 20 February 2012 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Under Section 28, the Court has the discrection to order a convicted trafficker to pay compensation to the victim of the offence.
Compensation Criminal liability Human trafficking
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Section 3
Bangladesh Law / 20 February 2012 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 3 provides the definition of human trafficking under Bangladeshi law. The definition under this section mirrors the UN Human Trafficking Protocol definition, and sets out three constitutive elements of the Bangladeshi offence ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Criminal liability Human trafficking
Bangladesh / Labour Act 2006
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Section 121
Bangladesh Law / 11 October 2006 / Labour Law
Section 121 holds every employer -that is including contractors and indirect employers- liable for the payment of the wages of workers. It further establishes that with the exception of workers employed by contractors ...
Group or joint liability Minimum wage Wage manipulation, non-payment or withholding of wages
-
Section 132
Bangladesh Law / 11 October 2006 / Labour Law
Under section 132, workers may bring a claim before the Labour Court for the recovery of unpaid or delayed wages.
Wage manipulation, non-payment or withholding of wages
-
Section 140
Bangladesh Law / 11 October 2006 / Labour Law
Section 140 provides that the Government has the power to determine the minimum wages of workers of different industries.
Minimum wage
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Section 149
Bangladesh Law / 11 October 2006 / Labour Law
Section 149 prohibits employers from paying wages below the established minimum wages.
Criminal liability Minimum wage
-
Section 16
Bangladesh Law / 11 October 2006 / Labour Law
Under Section 16, regular workers who have completed one year of continuous service under the employer have a right to receive compensation from the employer in the event of being laid-off.
Compensation Social protection
-
Section 161
Bangladesh Law / 11 October 2006 / Labour Law
This provision establishes the liability of the principal employer for the payment to employees employed through a contractor, of any compensation that would have been due, had the employees been employed directly by the ...
Compensation Group or joint liability
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Section 19
Bangladesh Law / 11 October 2006 / Labour Law
Section 19 provides that if a worker who has been in the permanent employment of the employer for at least 2 years dies while in service,the employer must pay his nominee or dependents compensation ...
Compensation Health and safety Poor working conditions
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Section 2(65)
Bangladesh Law / 11 October 2006 / Labour Law
Sub-section 65 of section 2 provides the definition of 'worker', and extends the scope of application of the Act to any person employed in any establishment or industry, directly or indirectly through a contractor, to do any work ...
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Section 25
Bangladesh Law / 11 October 2006 / Labour Law
Section 25 prohibits excessive deductions from workers' wages. Under this provision, no fine exceeding 1/10 of the wage may be imposed in any one wage-period on any worker, and no fine shall be imposed on workers under the age of ...
Debt bondage Wage manipulation, non-payment or withholding of wages
-
Section 284
Bangladesh Law / 11 October 2006 / Labour Law
Section 284 sets out a penalty of a 5,000 taka fine for the employment of a child or adolescent in contravention or the provisions of the Labour Code.
Child labour
-
Section 285
Bangladesh Law / 11 October 2006 / Labour Law
Section 285 sets out a penalty of a 1,000 taka fine for the breach of section 35, this is, being the parent or guardian of a child, entering into an employment agreement in respect of the child (child is here define as a child below ...
Child labour
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Section 289
Bangladesh Law / 11 October 2006 / Labour Law
Section 289 provides the penalty for paying workers at rates below the minimum wage. The penalty for this breach of the labour law is imprisonment for up to 1 year, or a fine of up to 5,000 taka, or both.
Criminal liability Minimum wage
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Section 3(a)
Bangladesh Law / 11 October 2006 / Regulation of Recruitment Processes and Labour Recruiters
Section 3 prohibits unregistered contracting agencies from supplying workers on contracts to any business or establishment. It also provides that workers ...
Coercive, unfair or deceptive recruitment
-
Section 307
Bangladesh Law / 11 October 2006 / Labour Law
Section 307 provides a subsidiary penalty for the breach of the obligations established under the Labour Act for which no other penalty has been prescribed, of up to three months of imprisonment, a fine of up to 25,000 ...
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Section 312
Bangladesh Law / 11 October 2006 / Labour Law
Section 312 provides that where an offence punishable under the Labour Act or under any other rule or regulation is committed by a company or corporate body, every director, partner, manager, secretary, or other ...
Corporate criminal liability Group or joint liability
-
Section 32
Bangladesh Law / 11 October 2006 / Labour Law
Under section 32, a worker may occupy the accommodation provided by his or her employer, for up to 60 days from the date of cessation of employment.
Abuse of vulnerability Social protection
-
Section 35
Bangladesh Law / 11 October 2006 / Labour Law
Section 35 explicitly prohibits the parents or guardians of a child (under the age of 14) from agreeing to the employment of the child.
Child labour
Bangladesh / Labour Rules 2015
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Rule 133
Bangladesh Regulations / Labour Law
No Employer or Contractor shall pay wages less than minimum wage, once set. If an Employer or Contractor pays wages less than the minimum wage, the concerned employee may claim additional 50% of the balance amount...
Minimum wage
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Rule 68
Bangladesh Regulations / Labour Law
Rule 68 sets out a list of works which a child cannot undertake. These works included, among others, manufacturing of aerated water, manufacturing of electric accumulator, manufacturing of glass and glass products...
Child labour
-
Rules 99 – 104
Bangladesh Regulations / Labour Law
Rules 99-104 deal with, among others, working hours, weekly holidays, compensatory weekly holidays, calculation of overtime allowance, working hours for female workers and conditions for double employment...
Maximum working hours, overtime, weekly rest and leave
Bangladesh / National Plan of Action for Combatting Human Trafficking 2015-2017
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Activity 38
Bangladesh Policy / Policies
Under activity 38, the Government plans to sign at least 10 memoranda of understanding (MoUs) with various businesses in order to put in place Corporate Social Responsibility schemes in partnership with the ...
Bangladesh / National Tripartite Plan of Action on Fire Safety and Structural Integrity in the garment Sector (NTPA) in 2013
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National Tripartite Plan of Action
Bangladesh Policy / 25 July 2013 / Policies
Under the National Tripartite Plan, the Government of Bangladesh developed and implemented a number of key measures, including: the reform of the labour law in 2013 to facilitate union registration and worker representation and improve occupational safety and health; the upgrading of the labour inspectorate, and the recruitment of staff to fill vacant posts at the ...
Civil liability Compensation Health and safety Labour inspection Poor working conditions
Bangladesh / Overseas Employment and Migrants Act, 2013
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Section 10
Bangladesh Law / Regulation of Recruitment Processes and Labour Recruiters
Section 10 provides that no person shall be considered competent to obtain a licence if, among other things, the person has been previously ...
Coercive, unfair or deceptive recruitment
-
Section 12
Bangladesh Law / Regulation of Recruitment Processes and Labour Recruiters
Section 12 lays down the conditions or reasons that may lead to the cancellation or suspension of a recruiter's license, including: if the licence was ...
Abuse of vulnerability Administrative sanctions Coercive, unfair or deceptive recruitment
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Section 15
Bangladesh Law / Regulation of Recruitment Processes and Labour Recruiters
Section 15 sets out the duties and obligations of recruitment agents, which include protecting the interests of migrant workers, employing ...
Coercive, unfair or deceptive recruitment Employment contracts
-
Section 18
Bangladesh Law / Regulation of Recruitment Processes and Labour Recruiters
Sub-sections 18(1) to 18(4) provide that the government may forfeit the surety money paid by a recruitment agent, upon the cancellation ...
Administrative sanctions Coercive, unfair or deceptive recruitment Compensation Economic sanctions
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Section 22
Bangladesh Law / Regulation of Recruitment Processes and Labour Recruiters
Section 22 establishes the obligation of recruitment agents to provide an employment contract concluded between the recruited worker and ...
Coercive, unfair or deceptive recruitment Compensation Employment contracts Group or joint liability
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Section 25
Bangladesh Law / Regulation of Recruitment Processes and Labour Recruiters
Section 25 provides that the government may conclude memorandums of understanding with other countries, which will be concluded on the basis ...
Coercive, unfair or deceptive recruitment Compensation Immigration status
-
Section 27
Bangladesh Law / Regulation of Recruitment Processes and Labour Recruiters
Section 27 declares the right to legal aid of migrant workers and persons who have been victims of fraud under the pretenses of ...
Coercive, unfair or deceptive recruitment
-
Section 28
Bangladesh Law / Regulation of Recruitment Processes and Labour Recruiters
Under Section 28, a migrant worker may file a civil suit regarding a violation of any of the provisions of the Overseas Employment and Migrants' Act ...
Compensation Immigration status
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Section 29
Bangladesh Law / Regulation of Recruitment Processes and Labour Recruiters
Section 29 declares the right of migrant workers to return home if they wish to, and to receive appropriate assistance from the Bangladesh ...
Coercive, unfair or deceptive recruitment Immigration status
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Section 31
Bangladesh Law / Regulation of Recruitment Processes and Labour Recruiters
Section 31 criminalises sending migrant workers overseas "in an unlawful manner" and establishes a sentence of up to five years of imprisonment ...
Coercive, unfair or deceptive recruitment Criminal liability Retention of travel and identification documents
Bangladesh / Prevention of Money Laundering Act 2012
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Article 2
Bangladesh Law / 20 February 2012 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 2 provides the definitions of the term 'proceeds of crime', and therefore defines the scope of application of the Act.
Criminal liability Proceeds of crime
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Article 27
Bangladesh Law / 20 February 2012 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Under this provision, if any offence under the Prevention of Money Laundering Act is committed by a juristic person or entity (e.g. a company), every proprietor, director, manager, officer, staff or representative of the entity directly involved ...
Corporate criminal liability Criminal liability Proceeds of crime
-
Article 4
Bangladesh Law / 20 February 2012 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 4 establishes the offence of money laundering and punishes this offence with 4-12 years imprisonment and a fine. This provision sets out the criminal responsibility of legal entities for this crime, and provides that entities ...
Administrative sanctions Corporate criminal liability Criminal liability Economic sanctions Proceeds of crime
Bangladesh / Recruiting Agent’s Conduct and Licence Rules, 2002
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Section 11
Bangladesh Policy / 30 December 2002 / Regulation of Recruitment Processes and Labour Recruiters
Section 11 establishes that the government is to determine the amount of the service charge, as well as the health examination fee, passport fee...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Debt bondage
Belgium / Act of 12 April 1965 Concerning the Protection of the Wages of Workers
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Article 35.2
Belgium Law / 12 April 1965 / Labour Law
Under Article 35.2, outsourcers, contractors and subcontractors of tasks or activities engaging one or more contractors or subcontractors who, in accordance with Article 49/1 of the Social Penal Code have been informed in writing by labour...
Group or joint liability Minimum wage Wage manipulation, non-payment or withholding of wages
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Articles 35.7-37.13
Belgium Law / 12 April 1965 / Labour Law
Articles 35.7 to 37.13 apply to the employment of foreign workers who do not have the required permission to work in Belgium. These articles lay down some specific rules on the joint liability of wage payment for the employment of ...
Group or joint liability Minimum wage Wage manipulation, non-payment or withholding of wages
Belgium / Circular of 16 May 2014
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Chapter 1, paragraph 4.1, b, 2°
Belgium Policy / 16 May 2014 / Procurement Legislation
The circular provides that federal contracting authorities must consider the inclusion of a number of social considerations in their procurement processes, including the requirement that contractors respect the core ILO ...
Procurement
Belgium / Criminal Code
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Article 41 bis
Belgium Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 41bis stipulates the monetary fines to be imposed for offences committed by corporations. In criminal and correctional cases: When the offence is punished with lifelong imprisonment: a monetary fine of 240,000 – 720,000 EUR ...
Confiscation of assets Corporate criminal liability Economic sanctions
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Article 433 novies
Belgium Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Abuse of vulnerability Administrative sanctions Child labour Coercive, unfair or deceptive recruitment Confiscation of assets Corporate criminal liability Economic sanctions Forced labour Human trafficking Immigration status
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Article 433 quinquies
Belgium Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Forced labour Human trafficking
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Article 470
Belgium Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 470 of the Belgian Criminal Code penalizes extortion through the use of violence or threats, either to obtain money or other assets, to get a legal document signed or to obtain a legal document containing an obligation or ...
Criminal liability
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Article 496
Belgium Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 496 of the Belgian Criminal Code stipulates that swindle is the use of deceptive or fraudulent means (e.g. the deceptive promise to provide for a decent job or accommodation) in order to persuade someone else of the existence ...
Criminal liability
-
Article 5
Belgium Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 5 of the Criminal Code provides the legal framework for the criminal liability of corporate entities. Under Article 5, a corporate entity is criminally liable both for any criminal offences committed on its behalf, and when an offence is ...
Corporate criminal liability
-
Article 505
Belgium Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 505, para 1 of the Criminal Code identifies three types of actions that constitute money laundering: Para 1, 2°: Acts of buying, receiving, possessing, keeping, managing goods of illegal origin if the perpetrator knew or should have known ...
Criminal liability
-
Article 66
Belgium Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 66 clarifies the responsibility as perpetrators of an offence of the persons who either carried out the offence or directly co-operated in its commission, who in any way provided essential assistance to the commission of the offence ...
Corporate criminal liability Criminal liability Group or joint liability
-
Article 7bis
Belgium Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 7 bis of the Belgian Criminal Code provides the range of sanctions that may be applied to corporate entities. Under Article 7 bis of the Criminal code, corporations may face fines, the confiscation of assets, the closure of one or several establishments, restrictions on corporate activities, bans on engaging in certain activities, their public naming ...
Confiscation of assets Corporate criminal liability Economic sanctions
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Articles 42-43 quater
Belgium Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Articles 42 and 43 of the Belgian Criminal Code introduce a system of special confiscation of the product of the offence and the proceeds of the offence, as well as items that were the object of the offence or were ...
Confiscation of assets Criminal liability Economic sanctions
-
Articles 433 sexies-octies
Belgium Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Articles 433 sexies – octies of the Criminal Code establish the aggravating circumstances for the crime of human trafficking ...
Abuse of vulnerability Child labour Coercive, unfair or deceptive recruitment Criminal liability Forced labour Human trafficking
Belgium / Guide for Sustainable Procurement
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Guide for Sustainable Procurement
Belgium Policy / 16 May 2014 / Procurement Legislation
The Guide includes social criteria related to workers' rights and working conditions, such as criteria requiring the bidder to respect the core ILO conventions in the provision of services or the production of goods.
Corporate incentives Procurement
Belgium / Law Concerning the Encouragement of Socially Responsible Production
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Article 11, §1
Belgium Law / 27 February 2002 / Product Bans and Mandatory Certification
Article 11 sets out the penalties (from 8 days to 5 years of imprisonment and a monetary fine of 500 to 500,000 EUR [currently to be multiplied by 6]) to be imposed on whoever uses or attempts to use the Belgian Social Label in breach of ...
Certification schemes Corporate criminal liability Corporate incentives Economic sanctions
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Article 3
Belgium Law / 27 February 2002 / Product Bans and Mandatory Certification
Article 3 creates the Belgium Social Label: a social government label for products and services bought and sold in Belgium. The criteria for the award of the label will be introduced by means of a Royal Decree to be drafted ...
Certification schemes Corporate incentives
Belgium / Law of 10 May 2007 on Combatting Certain Forms of Discrimination (The General Anti-Discrimination Act)
-
Articles 14-26
Belgium Law / 10 May 2007 / Labour Law
Article 14 prohibits direct discrimination or indirect discrimination, harassment, incitement to discrimination based on a number of protected criteria: age, sexual orientation, civil status, birth, wealth, faith or personal belief, ethnic ...
Compensation Criminal liability Discrimination
Belgium / Law of 10 May 2007 on Fighting Discrimination between Women and Men
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Articles 19-31
Belgium Law / 10 May 2007 / Labour Law
Article 19 prohibits direct discrimination or indirect discrimination, harassment, and incitement to discrimination based on gender, including discrimination based on pregnancy, childbirth, maternity, and gender reassignment. The same ...
Compensation Criminal liability Discrimination
Belgium / Law of 10 May 2007 on Supressing Certain Acts Inspired by Racism or Xenophobia
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Articles 12-28
Belgium Law / 10 May 2007 /
Article 12 prohibits direct discrimination or indirect discrimination, harassment, and incitement to discrimination based on race, colour, ancestry, national/ethnic origin and nationality. The same sanctions or remedies apply as ...
Compensation Criminal liability Discrimination
Belgium / Law of 16 March 1971 Relating to Work
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Article 26
Belgium Law / 16 March 1971 / Labour Law
Article 26 of the Law of 16 March 1971 relating to work contains exceptions to the maximum weekly and daily working hours. The law provides that exceptions to the weekly and daily limits are only possible in certain situations specified ...
Maximum working hours, overtime, weekly rest and leave
-
Article 3, §3
Belgium Law / 16 March 1971 / Labour Law
Article 3 sets out the exceptions to the general restrictions regarding working hours. Under this provision, a number of categories of employees are excluded from the scope of application of these ...
Maximum working hours, overtime, weekly rest and leave
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Article 7.1
Belgium Law / 16 March 1971 / Labour Law
Article 7.1 prohibits the employment of children, and specifically putting children to work or making them work or perform an activity outside the common course of their education and learning process. Paragraph two of this Article ...
Child labour
-
Article 7.2
Belgium Law / 16 March 1971 / Labour Law
Article 7.2 of the Law of 16 March 1971 on work allows for an exception to Article 7.1-1 of the same Law, i.e, it permits a child to work (perform a activity) outside the normal course of education and learning process which is required ...
Child labour
-
Articles 19-20
Belgium Law / 16 March 1971 / Labour Law
Articles 19 and 20 set the maximum weekly hour limit at 40 hours. However, the average working time limit may not exceed 38 hours, or a lower limit fixed at the joint committee level or at the company ...
Maximum working hours, overtime, weekly rest and leave
Belgium / Law of 4 August 1996 on Well-being at Work
-
Article 33, §1
Belgium Law / 4 August 1996 / Labour Law
Under Article 33, each employer has the obligation to create an internal service for prevention and protection at work. For this purpose, each employer will have at least ...
Health and safety
-
Article 5
Belgium Law / 4 August 1996 / Labour Law
Article 5 highlights the employers responsibilities to takes appropriate measures in order to promote the well-being of workers at their work.
Health and safety
Belgium / National Collective Labour Agreement No. 38 of 6 December 1983 relating to the Recruitment and the Selection of Workers
-
National Collective Labour Agreement No. 38
Belgium Law / 6 December 1983 / Regulation of Recruitment Processes and Labour Recruiters
The Collective Labour Agreement No. 38 also stipulates that the employer must provide the applicant with all of the relevant information regarding the job vacancy and that the applicant’s private sphere must be respected ...
Coercive, unfair or deceptive recruitment
Belgium / Public Procurement Act - Act of 15 June 2006 Regarding Public Contracts and Certain Contracts for Works, Supplies and Services
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Article 40
Belgium Law / 15 June 2006 / Procurement Legislation
Article 40 allows Belgian public authorities to include a condition in public procurement tender processes requiring prospective bidders to respect the rights of workers as established in the ILO conventions, even if such provisions are yet ...
Corporate incentives
Belgium / Social Criminal Code
-
Article 101
Belgium Law / 6 June 2010 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 101 of the Social Criminal Code introduces 4 levels of penalties, according to the seriousness of the infringement. These penalties apply to the violations described ...
Criminal liability Economic sanctions
-
Article 103
Belgium Law / 6 June 2010 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 103 provides that for some offences, the fine to be imposed shall be multiplied by the number of victims involved in said violation. Article 103 reads that this multiplication is required both for criminal and administrative fines. Nevertheless ...
Administrative sanctions Criminal liability
-
Article 104
Belgium Law / 6 June 2010 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 104 provides for the civil liability of the employer for the payment of criminal fines imposed upon its employees or ...
Corporate criminal liability Criminal liability Economic sanctions
-
Article 105
Belgium Law / 6 June 2010 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Under Article 105, the administrative declaration of guilt, and subsequent imposition of an administrative fine may only be applied on the perpetrator, regardless of whether the violation ...
Administrative sanctions
-
Article 106
Belgium Law / 6 June 2010 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 106 provides that for certain level-3 and level-4 offences (see Article 101 of this Code), and as provided by the law, the judge may impose a temporary ban on the perpetrator using all or a part of the business or establishment in which ...
-
Article 119
Belgium Law / 6 June 2010 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 119 criminalises and punishes violence and sexual and moral harassment in the workplace, with a level-4 criminal penalty (see Article 101, introducing a penalty of up to 3 years' imprisonment and a monetary fine ...
Abuse of vulnerability Criminal liability Poor working conditions
-
Article 123
Belgium Law / 6 June 2010 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 123 criminalises making employees work in dangerous or insalubrious conditions, and provides that a level-3 penalty shall be imposed on anyone who commits a violation of Law of May 5, 1888 regarding the inspection of dangerous ...
Criminal liability Health and safety Poor working conditions
-
Article 134
Belgium Law / 6 June 2010 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 134 prohibits child labour and punishes this offence with up to 3 years' imprisonment and a monetary fine. Under Article 134, any person, along with his servants or agents, who makes a child work or allows a child to work in contravention ...
Child labour Corporate criminal liability Economic sanctions
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Article 137
Belgium Law / 6 June 2010 / Labour Law
Under Article 137, whoever, in violation of the Law of March 16, 1971, makes a young worker or allows a young worker to engage in work in mines or underground, or extenuating work surpassing his strength, threatening ...
Child labour Criminal liability Health and safety
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Article 138
Belgium Law / 6 June 2010 / Labour Law
Article 138 penalizes exceeding the maximum working hours established in the Law of March 16, 1971 with a level-2 penalty (a substantial criminal fine or an administrative fine). The fine shall be multiplied ...
Administrative sanctions Economic sanctions Maximum working hours, overtime, weekly rest and leave
-
Article 145
Belgium Law / 6 June 2010 / Labour Law
Under Article 145, denying workers' entitlement to leave is punished with a level-2 penalty (a substantial criminal fine or an administrative fine). The fine shall be multiplied by the number ...
Criminal liability Maximum working hours, overtime, weekly rest and leave
-
Article 162
Belgium Law / 6 June 2010 / Labour Law
Article 162 prohibits the non-payment, underpayment, witholding and late-payment of wages, and punishes such practices with a level-2 penalty- administrative fine. If the sectoral minimum ...
Compensation Criminal liability Wage manipulation, non-payment or withholding of wages
-
Article 163
Belgium Law / 6 June 2010 / Labour Law
Article 163 seeks to protect the wages of workers through the prohibition of the manipulation of workers' wages through unlawful deductions ...
Abuse of vulnerability Wage manipulation, non-payment or withholding of wages
-
Article 171
Belgium Law / 6 June 2010 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 171 provides that any person who is jointly liable to pay (under Section 1 of Chapter VI/1 of the Act of 12 April 1965 on the protection of workers' pay) and has been ordered to pay wages due to workers, will be punished with ...
Corporate criminal liability Criminal liability Economic sanctions Minimum wage Wage manipulation, non-payment or withholding of wages
-
Article 21
Belgium Law / 6 June 2010 / Labour Law
Article 21 delineates the powers of social inspectors to provide information and opinions, to issue warnings, to grant the infringer a term to comply with the regulations, to take measures as provided for in articles 23 to 49, to deliver ...
Labour inspection
-
Article 22
Belgium Law / 6 June 2010 / Labour Law
Article 22 enables social inspectors to request police assistance for the purpose of carrying out their tasks.
Labour inspection
-
Article 49/1
Belgium Law / 6 June 2010 / Labour Law
Article 49/1 confers Belgian social inspectors with particular powers with regard to the payment of the wages by the employer. Under Article 49/1, social inspectors may notify the the clients, contractors, and subcontractors in writing, of...
Labour inspection Minimum wage Wage manipulation, non-payment or withholding of wages
-
Articles 23-49
Belgium Law / 6 June 2010 / Labour Law
Article 23 delineates the competences of labour inspectors, including: accessing workplaces and privately occupied premises in order to carry out their tasks, gathering information, identifying and interviewing persons, taking ...
Administrative sanctions Confiscation of assets Economic sanctions Labour inspection Minimum wage
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Articles 50-51
Belgium Law / 6 June 2010 / Labour Law
Under Article 50, the labour inspectors have the same investigative powers as police. Article 51 specifies that these powers may only be exercised with a view to detecting and establishing the infringements as provided for in the Criminal ...
Labour inspection
-
Articles 58-59
Belgium Law / 6 June 2010 / Labour Law
Articles 58 and 59 provide that in the performance of their work, social inspectors must ensure the confidentiality of personal information; and except with the express permission from the filer of a complaint or of a report, they may ...
Labour inspection
Brazil / Bahia State Law No. 13.221 / 2015
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Article 1
Brazil Law / 13 January 2015 / Product Bans and Mandatory Certification
Article 1 provides for the cancellation of the registration of any business found to have made direct or indirect use of slave labour or labour in conditions akin to slavery at any stage in their supply chains.
Economic sanctions Forced labour Slavery
-
Article 2
Brazil Law / 13 January 2015 / Product Bans and Mandatory Certification
This provision prohibits businesses that encourage slave labour or in conditions akin to slavery, from contracting with the State Government. Article 2 further provides that such businesses will lose any tax and administrative ...
Economic sanctions Forced labour Slavery
-
Article 4
Brazil Law / 13 January 2015 / Product Bans and Mandatory Certification
Article 4 provides that the government of the State of Bahia will publish a list of the businesses penalized by Art. 1 of the Law, including the addresses and names of the business partners of such establishments.
Economic sanctions Forced labour Slavery
-
Article 5
Brazil Law / 13 January 2015 / Product Bans and Mandatory Certification
Article 5 provides that the cancellation of the business license ordered by Art. 1 of the Law reaches the business partners, individual and legal persons, of the penalized business. Under this article, the business ...
Economic sanctions Forced labour Slavery
Brazil / Consolidated Labour Laws — Approved by Legislative Decree No. 5,452 of May 1, 1943
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Article 403
Brazil Law / 1 May 1943 / Labour Law
Article 403 prohibits the employment of children below the age of 16, with the exception of the employment of children above the age of 14 as apprentices. This Article further provides that minor workers cannot be engaged ...
Child labour
-
Article 483
Brazil Law / 1 May 1943 / Labour Law
Under Article 483, an employee may consider his or her employment contract terminated and claim the compensation due when: a) services required are impossible, prohibited by law, contrary to morality or unrelated to the contract; b) the employee is treated by the employer or by his superiors with hardship; c) there is a considerable risk to the employee's health; d) the employer fails to comply with the contractual obligations; e) employer or its agents commits a harmful act against the employee's honour or good reputation, or against his people or family; f) the employer or its agents physically harm the employee, except in cases of legitimate defence of self or others; and g) the employer reduces the employee’s work affecting the amount of wages.
Compensation Employment contracts
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Articles 189-197
Brazil Law / 1 May 1943 / Labour Law
Articles 189-197 regulate work in dangerous and unhealthy activities or operations. Article 189 defines such activities as those which by their nature, conditions or methods, expose employees to harmful health agents. Article192 ...
Health and safety Minimum wage
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Articles 404 and 405
Brazil Law / 1 May 1943 / Labour Law
Under Article 405, children (minors under the age of 18) are prohibited from performing night work, and from engaging in unhealthy or dangerous activities.
Child labour Health and safety
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Articles 412-414
Brazil Law / 1 May 1943 / Labour Law
In accordance with Article 411, the working hours of minors (children under 18 years of age) are governed-by the legal provisions relating to working hours in general (Articles 57-75), with the restrictions set forth in ...
Child labour Maximum working hours, overtime, weekly rest and leave
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Articles 477-479
Brazil Law / 1 May 1943 / Labour Law
These provisions ensure and regulate the right of every employee to be compensated by his or her employer in case of arbitrary dismissal. The compensation as established in law must be calculated based upon the ...
Compensation
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Articles 5 and 6
Brazil Law / 1 May 1943 / Labour Law
Articles 5 and 6 of the Labour Laws address discrimination in employment, including requiring equal pay for equal work without gender distinction.
Discrimination
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Articles 57-75
Brazil Law / 1 May 1943 / Labour Law
Maximum working hours, overtime, weekly rest and leave
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Articles 76-126
Brazil Law / 1 May 1943 / Labour Law
Articles 76 to 126 aim to guarantee the right of every worker to receive a minimum wage. Under Article 117, any contract or agreement stipulating wages below the minimum wage for the region or area, will be void.
Economic sanctions Minimum wage
Brazil / Constitution of the Federative Republic of Brazil
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Article 1
Brazil Constitutional / 5 October 1988 / Other
Article 1 of the Brazilian Constitution protects the “dignity of the person” and the “social values of work and free initiative" as fundamental values of the Federal Republic of Brazil.
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Article 243
Brazil Constitutional / 5 October 1988 / Other
Article 243, as amended by constitutional Amendment No 81, of June 5, 2014 establishes that rural and urban properties in any region of the country where illegal crops of psychotropic plants or the exploitation of slave labour are found must be expropriated and devoted to agrarian reform and public housing programs, without compensation to the owner and without prejudice to other penalties provided by law.
Economic sanctions
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Article 5
Brazil Constitutional / 5 October 1988 / Other
Article 5 of the Brazilian Constitution declares that no one shall be subjected to torture or inhuman or degrading treatment.
-
Article 6
Brazil Constitutional / 5 October 1988 / Other
Article 6 of the Brazilian Constitution affirms that education, health, work, a home, safety, social security, motherhood, childhood and the assistance to the homeless are social rights.
-
Article 7
Brazil Constitutional / 5 October 1988 / Other
Article 7 of the Federal Constitution enunciates the rights of urban and rural workers, which include: "nationally unified minimum monthly wage, established by law, capable of satisfying their basic living needs and those of their families; irreducibility of the wages, except when established in collective agreement or covenant; wage protection, with felonious withholding of wages being a crime; normal working hours not exceeding eight hours per day and forty-four hours per week; a workday of six hours for work carried out in continuous shifts; reduction of employment related risks by means of health, hygiene and safety rules; occupational accident insurance, to be paid for by the employer, without excluding the employer’s liability for indemnity in the event of malice or fault; legal action, with respect to credits arising from employment relationships; prohibition of discrimination; prohibition of night, dangerous, or unhealthy work for minors under eighteen years of age, and of any work for minors under sixteen years of age, except as an apprentice, for minors above fourteen years of age.
Health and safety Maximum working hours, overtime, weekly rest and leave Minimum wage
Brazil / Criminal Code
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Article 149
Brazil Law / 7 December 1940 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 149 provides the definition of the Brazilian concept of ‘labour analogous to slavery’ by criminalizing the various practices which cause workers to work: in degrading conditions; during excessive working hours ...
Criminal liability Debt bondage Forced labour Maximum working hours, overtime, weekly rest and leave Poor working conditions Retention of travel and identification documents Slavery
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Article 197
Brazil Law / 7 December 1940 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 197 criminalises and defines the offence of "attack on the freedom to work". This offence includes coercing someone through violence or serious threat to work or not to work for a certain period or on certain days.
Criminal liability Forced labour
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Article 203
Brazil Law / 7 December 1940 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This Article criminalises the use of fraud or violence to violate any rights guaranteed by the law. This Article also penalises the practice of debt servitude, when it establishes that the same punishment applies to those ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Criminal liability Debt bondage Retention of travel and identification documents Wage manipulation, non-payment or withholding of wages
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Article 206
Brazil Law / 7 December 1940 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 206 criminalises “fraudulently enticing” another person with the promise of employment overseas.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Criminal liability
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Article 207
Brazil Law / 7 December 1940 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Under Article 207, it is an offense to “fraudulently entice” another person with the promise of employment in another part of the Brazilian territory.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Criminal liability
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Article 245
Brazil Law / 7 December 1940 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Under this provision, it is an offence to “deliver” a minor (under 18 years of age) to another person for whom the person delivering the minor knows or should have known that the minor will be in a situation of moral ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Criminal liability
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Article 297
Brazil Law / 7 December 1940 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 297 criminalises falsifying all or part of a public document or altering an original public document.
Criminal liability
Brazil / Decree No 6.481 of June 12, 2008
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Decree No 6.481
Brazil Policy / 12 June 2008 / Policies
Item I of this decree approves the List of the Worst Forms of Child Labour, and prohibits the employment of children under 18 years of age in the activities described in the aforementioned list.
Child labour
Brazil / Decree No. 1.538 of June 28, 1995
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Articles 1-3
Brazil Regulation / Policies
This Decree created the Executive Group to Combat Forced Labour (GERTRAF). It is the competence of GERTRAF to prepare, implement and supervise an integrated program for the prevention of forced labour; coordinate the activities of agencies responsible for the repression of forced labor, indicating the appropriate measures to be taken...
Forced labour Labour inspection
Brazil / First National Plan to Combat Trafficking in Persons
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Decree No. 6.347 of January 8, 2008, Attachment I
Brazil Policy / Policies
Attachment I establishes 11 priorities and strategies to the NPCTP prevent trafficking in persons. These priorities and strategies established in Decree 6,347 include the following: research, obtain organize, and publish studies, research findings, and other information on trafficking in persons. Training stakeholders involved directly or indirectly in tackling ...
Human trafficking Social protection
Brazil / Interministerial Ordinance No. 2 of March 31, 2015
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Articles 1-4
Brazil Ordinance / Policies
Article 1 of the Ordinance sets out the rules regarding the Registry of Employers found to have subjected workers to conditions analogous to slavery. This article provides that the list will be published in the website of the Ministry of Labour and Employment. The names of employers utilising slave labour will remain in this list for a period of two years.
Administrative sanctions Economic sanctions Forced labour Slavery Transparency in supply chains
Brazil / Labour Inspection Regulation (RIT) of 1965 — Updated by Decree no. 4.552 of 2002 and Decree no. 4.870,of 2003
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Article 18
Brazil Law / Labour Law
Under Article 18, labour inspectors have, among other powers, the powers to: verify the compliance with legal and regulatory provisions, including related to health and safety; interview workers and employers; examine ...
Administrative sanctions Compensation Economic sanctions Labour inspection
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Articles 13 and 15
Brazil Law / Labour Law
Article 13 grants labour inspectors the power to freely access workplaces, without prior warning, notification or authorization. Furthermore, Article 15 provides that whenever possible, inspections will be unannounced ...
Criminal liability Labour inspection
Brazil / Law No 10.706 of 2003
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Article 1
Brazil Law / Other
This provision authorised the Brazilian Federal Government to grant compensation in the sum of 52,000 Brazilian reais to José Pereira Ferreira, as a result of Pereira having been subjected to conditions akin to slavery at a plantation/farm in Pará in 1989.
Compensation Social protection
Brazil / Law No. 3.353 (Lei Aurea)
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Articles 1-2
Brazil Law / Other
The Lei Áurea abolished slavery in Brazil. This law only had two articles: Article 1: From this date, slavery is declared abolished in Brazil. Article 2: All dispositions to the contrary are revoked.
Slavery
Brazil / Law No. 7.998, of January 11, 1990, to ensure the payment of the unemployment insurance to the worker rescued from a condition analogous to slavery
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Article 2.I
Brazil Law / 20 December 2002 / Labour Law
Article 2.I provides that the unemployment insurance program aims to provide temporary financial assistance to workers who are unemployed due to unfair dismissal, including indirect unfair dismissal, and to workers ...
Forced labour Slavery Social protection
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Article 2C
Brazil Law / 20 December 2002 / Labour Law
Article 2.C provides that a worker identified as subjected to forced labour, or reduced to a regime of conditions analogous to slavery will be redeemed from this situation and will have the right to receive three unemployment ...
Forced labour Slavery Social protection
Brazil / Law No. 9.613
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Article 1
Brazil Law / 3 March 1998 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 1 defines and criminalises the offense of money laundering. The definition under this provision is expansive, clarifying that the concealment or disguising of the nature, source, location, disposition, movement ...
Criminal liability Proceeds of crime
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Article 2
Brazil Law / 3 March 1998 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 2 provides that the prosecution and trial of crimes related to money laundering, does not depend on the prosecution and trial of the underlying criminal offenses, even if committed in another country.
Criminal liability Proceeds of crime
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Article 4
Brazil Law / 3 March 1998 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
This Article provides that the competent judge or the prosecutors may order any measures necessary to retain the assets of the investigated or accused persons, that are product or result of a crime. These measures ...
Compensation Criminal liability Proceeds of crime
Brazil / Ordinance 265 of 2002
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Article 3
Brazil Ordinance / 6 June 2002 / Policies
Article 3 provides for the centralization of the planning and coordination of the activities of the Special Mobile Inspection Group. The coordination and planning is to be carried out, under this provision, by the Secretary for Labour Inspection, and by six Operational Coordinators.
Forced labour Human trafficking Labour inspection Slavery
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Article 8
Brazil Ordinance / 6 June 2002 / Policies
Article 8 provides that the coordinators of the Special Mobile Inspection Group will forward to the Labour Inspection Secretary a detailed report, together with copies of tax assessments and issued debt notices, photographs, movies and other documents resulting from the action, within seven working days from the completion of actions ...
Criminal liability Labour inspection
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Articles 1-2
Brazil Ordinance / 6 June 2002 / Policies
Article 1 sets out the composition and purpose of the Special Mobile Inspection Group: a group of labour inspectors dedicated to fighting slave labour, forced labour, and child labour and operating throughout the national territory of Brazil. Article 2 provides that the work of the Special Mobile Inspection Group may be developed in ...
Child labour Forced labour Labour inspection Slavery
Brazil / Ordinance No 1.150 of November 18, 2003 of the Ministry for National Integration
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Articles 1-3
Brazil Ordinance / 18 November 2003 / Policies
Article 1 instructs the Department for the Management of Regional Development Policy Funds to forward the list of employers and farms found to have subjected workers to degrading forms of labour or to conditions analogous to slave labor (the 'dirty list') every six months to the banks administrating the Constitutional Financing ...
Economic sanctions Forced labour Slavery
Brazil / Ordinance No. 93 of December, 23, 2010 of the Immigration National Counsel
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Ordinance 93
Brazil Ordinance / 23 December 2010 / Policies
Ordinance 93 from the Immigration National Counsel allows foreigners who are victims of human trafficking or slave-like work conditions to apply for permanent residency visa of one year limited to 5 years as foreseen by Article 18, Law 6,815/80 (Immigrant Statute), in order to assist the criminal investigation to which the foreigner was a victim. In order to benefit from this provision, the foreigner must be either: (a) in a position of social or economic vulnerability caused by, among other things, psychological distress and/or indigence and susceptible to re-victimization in his or her country of origin, (b) exposed to danger for having cooperated with the applicable investigation, (c) due to the violence which he or she was exposed to, require assistance in Brazil (regardless of whether the foreign cooperated with the investigation or not).
Immigration status Social protection
Brazil / Piauí State Law No. 6632 / 2015
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Article 1
Brazil Law / 5 January 2015 / Product Bans and Mandatory Certification
Article 1 provides for the cancellation of the registration of any business found to have subjected workers to conditions akin to slavery.
Economic sanctions Forced labour Slavery
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Article 3
Brazil Law / 5 January 2015 / Product Bans and Mandatory Certification
Article 3 provides that the government of the State of Piauí will publish a list of the businesses penalized by Article 1 of the Law, including the addresses and names of the business partners of such establishments.
Economic sanctions Forced labour Slavery
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Article 4
Brazil Law / 5 January 2015 / Product Bans and Mandatory Certification
Under Article 4, the cancellation of the business license ordered by Article 1 of the Law, reaches the business partners -individual and legal persons- of the penalized business. Under this Article, the business partners ...
Economic sanctions Forced labour Slavery
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Article 5
Brazil Law / 5 January 2015 / Product Bans and Mandatory Certification
Article 5 clarifies that the establishments selling products from suppliers who subject their workers to conditions analogous to slavery, are to be similarly punished under Articles 1 and 3 of the law.
Economic sanctions Forced labour Slavery
Brazil / Resolution No. 86 of March 3rd, 2005 on Health and Safety in Agriculture, Livestock Breeding and Care, Forestry, Logging and Aquaculture
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Section 31.3.3.1
Brazil Resolution / 3 March 2005 / Policies
This Resolution provides that the employer must, among other things: a) ensure proper working conditions, health and comfort of all the workers, as defined in the norm; b) carry out assessments of risks to the safety and health of workers, and adopt preventive measures and protection; c) promote improvements in the environment and working conditions in ...
Group or joint liability Health and safety Poor working conditions
Brazil / Sao Paolo State Law No. 14.946 / 2013
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Article 1
Brazil Law / 28 January 2013 / Product Bans and Mandatory Certification
Article 1 provides for the cancellation of the registration of any business found selling products that have been manufactured with the use of slave labour or labour in conditions akin to slavery at any stage in their supply ...
Economic sanctions Forced labour Slavery
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Article 3
Brazil Law / 28 January 2013 / Product Bans and Mandatory Certification
Article 3 provides that the government of the State of Sao Paolo will publish a list of the businesses penalized by Article 1 of the Law, including the addresses and names of the business partners of such ...
Economic sanctions Forced labour Slavery
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Article 4
Brazil Law / 28 January 2013 / Product Bans and Mandatory Certification
Under this provision, the cancellation of the business licence ordered by Article 1 of the Law, reaches the business partners -individual and legal persons- of the penalized business. Under this Article, the business partners ...
Corporate criminal liability Economic sanctions Forced labour Slavery
Brazil / Second National Plan For Eradication of Slave Labour
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Decree No. 7.901, of Feburary 4, 2013
Brazil Policy / 17 April 2008 / Policies
Administrative sanctions Criminal liability Economic sanctions Forced labour Human trafficking Slavery
India / Bonded Labour System (Abolition) Act, 1976
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Section 16
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This provision punishes compelling a person to provide bonded labour with up to 3 years of imprisonment and a fine of up to 2,000 INR.
Criminal liability Debt bondage
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Section 17
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 17 penalizes advancing a bonded debt with imprisonment for a maximum of 3 years and a fine of a maximum of 2,000 INR.
Coercive, unfair or deceptive recruitment Criminal liability Debt bondage Forced labour
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Section 18
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This section specifically penalizes extracting bonded labour under the bonded labour system. This provision further clarifies that enforcing a custom, tradition, contract, agreement or other instrument, by which any person or any member of the family, or any dependant of such person is required to render any service under the bonded labour system will be ...
Coercive, unfair or deceptive recruitment Criminal liability Debt bondage Forced labour
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Section 19
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 19 punishes the act of omitting of failing to restore any possessions or property to bonded labourer with up to 1 year of imprisonment, a fine of up to 1,000 rupees, or both.
Coercive, unfair or deceptive recruitment Criminal liability Debt bondage
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Section 2
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 2 provides the definitions of key terms such as 'bonded debt', 'bonded labourer', and 'bonded labour system'.
Coercive, unfair or deceptive recruitment Debt bondage Forced labour
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Section 20
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This provision criminalises the abetment of an offence under the Bonded Labour System Act, and provides that the abetment of an offence is punishable...
Criminal liability Debt bondage Group or joint liability
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Section 23
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 23 provides for the liability of corporate bodies for the commission of an offence under the Bonded Labour System (Abolition) Act 1976. Under this provision, where an offence is committed by the company, both the company and the persons in charge of the management of the company are liable. This provision clarifies that where the commission ...
Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Debt bondage Forced labour Group or joint liability
India / Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
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Section 34
India Law / Labour Law
Under section 34, employers are required to provide, free of charge and within the work site or as near as possible, adequate temporary living...
Poor standards of accommodation
India / Child Labour (Prohibition and Regulation) Act, 1986
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Section 3
India Law / 25 September 2012 / Labour Law
This section prohibits the employment of children (defined as persons under the age of 14) in the occupations and processes specified in the Schedule to the Act, which include domestic work, working in roadside restaurants, working in mines, factories and in other industries.
Child labour Criminal liability
India / Companies Act 2013
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Schedule VII
Bangladesh Law / Mandatory CSR Reporting
Schedule VII of the Act provides a list of activities, including the activities companies may incorporate in their CSR policies and activities. The CSR Policy of the company must be directed towards these objectives.
-
Section 135
India Law / Mandatory CSR Reporting
This section provides that companies meeting a certain net worth or net profit threshold, are required to form a Corporate Social Responsibility (CSR) committee. Section ...
Corporate incentives Reporting
India / Companies Corporate Social Responsibility Policy Rules 2014
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Rule 2(f)
India Regulation / Mandatory CSR Reporting
This provision clarifies the applicability of section 135 of the Companies Act, and specifies that sources of profit that are attributable to overseas branches of a company, as well as any dividend received from other companies, are to be excluded from the concept of net profit under section 135 of the Companies Act.
Corporate incentives
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Rule 4
India Regulation / Mandatory CSR Reporting
Rule 4 delineates the scope of what is to be considered as CSR activities under the Companies Act, and provides that the CSR activities of a company shall not include: (i) activities undertaken in pursuance of its normal course of business; (ii) projects that benefit only the employees of the company and their families; (iii) activities undertaken outside India; and (iv) contributions to political parties. The provision also rovides that a company may not undertake CSR activities through an entity established by it or a group company, unless: (i) that entity has an established track record of three years in undertaking those activities; and (ii) the company specifies the project or programme to be undertaken through that entity, and the procedure for utilisation, monitoring and reporting in relation to the funds. If the company chooses to implement its CSR activities through its own personal or through other agencies, expenditure incurred in this connection must not exceed 5% of the CSR expenditure of the company in a financial year. A company may collaborate with other companies in implementing CSR policies.
Corporate incentives
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Rule 8
India Regulation / Mandatory CSR Reporting
Rule 8 provides that the Board's Report must include an annual report on CSR containing particulars specified in the Annex to the Rules, including, for example, the sector in which projects are undertaken, detailed breakdown of amount spent, and the area in which the project was implemented.
Corporate incentives
India / Constitution of India
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Article 23
India Constitutional / 26 January 1950 / Other
Article 23 of the Indian Constitution explicitly prohibits and criminalises human trafficking and forced labour.
Forced labour
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Article 24
India Constitutional / 26 January 1950 / Other
Article 24 includes a prohibition against the employment of children under the age of 14 in factories, mines and other dangerous work.
Child labour
India / Industrial Employment (Standing Orders) Act, 1946
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Section 10A
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 10A requires employers to pay a subsistence allowance to any worker suspended by the employer pending investigation into complaints or charges of misconduct against him.
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Section 13
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 13 sets out the penalties for the breach of obligations under the Industrial Employment Act. An employer who fails to submit draft standing orders as required by Section 3 or who modifies his standing orders in contravention of Section 10, will be liable to pay a fine of up to 5,000 rupees, and in the case of a continuing offence, a fine of up to 200 rupees ...
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Section 3
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 3 requires employers in industrial establishments to submit draft standing orders for adoption in the industrial establishment. The draft standing order must be accompanied by a statement including the details regarding the workers employed in the industrial establishment.
Employment contracts Maximum working hours, overtime, weekly rest and leave Wage manipulation, non-payment or withholding of wages
India / Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
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Section 1
India Law / Regulation of Recruitment Processes and Labour Recruiters
Section 1 sets out the scope of the Inter-State Migrant Workmen Act, providing that it applies to every establishment in which five or more Inter-State migrant...
Coercive, unfair or deceptive recruitment
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Section 12
India Law / Regulation of Recruitment Processes and Labour Recruiters
Section 12 sets out the duties of contractors, namely: providing details of employment to the authorities in the State from which an inter-State migrant workman...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Debt bondage Employment contracts Wage manipulation, non-payment or withholding of wages
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Section 13
India Law / Regulation of Recruitment Processes and Labour Recruiters
This section provides that the wage rates and other conditions of employment of inter-state migrant workers will be the same or analogous to that of other workers employed in the same establishment performing similar work. Otherwise, they will be as prescribed by the appropriate Government (State or Federal), with the limitation that migrant workers ...
Minimum wage Wage manipulation, non-payment or withholding of wages
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Section 14
India Law / Regulation of Recruitment Processes and Labour Recruiters
Section 14 requires contractors to pay a displacement allowance to every inter-State worker at the time of recruitment, with must amount at least to 50% of the monthly wages payable to the worker, or 75 rupees, whichever is higher. This section further clarifies that the amount paid to the worker in concept of displacement allowance is not refundable or recoverable and must be paid in addition to the wages payable to the worker.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Debt bondage Wage manipulation, non-payment or withholding of wages
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Section 15
India Law / Regulation of Recruitment Processes and Labour Recruiters
Section 15 requires contractors to pay a journey allowance to every inter-State worker at the time of recruitment, which must amount to at least the fare of travel from the place of residence of the migrant worker, to the place of work. This amount must be paid by the contractor both for the outward and return journeys.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Debt bondage Wage manipulation, non-payment or withholding of wages
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Section 16
India Law / Regulation of Recruitment Processes and Labour Recruiters
This provision sets out a number of obligations of contractors employing inter-state migrant workers, which include ensuring regular payment of wages, to ensure equal pay for equal work irrespective of sex, to ensure suitable conditions of work for migrant workers, to report any workplace accidents, and to provide suitable accommodation, medical attention, and protective clothing.
Abuse of vulnerability Debt bondage Health and safety Minimum wage Poor standards of accommodation Wage manipulation, non-payment or withholding of wages
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Section 17
India Law / Regulation of Recruitment Processes and Labour Recruiters
Under section 17, contractors are responsible for the prompt payment of wages to inter-state migrant workers employed by them. This provision further states that principals shall nominate a representative to be present at the time of disbursement of wages by the contractor. This representative must certify that the wages are duly paid. If the contractor fails to pay the wages within ...
Debt bondage Group or joint liability Wage manipulation, non-payment or withholding of wages
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Section 18
India Law / Regulation of Recruitment Processes and Labour Recruiters
Section 18 establishes the liability of the principal employer in cases where the contractor fails to pay the inter-state migrant worker the displacement and the journey allowance, or to provide any facility under section 16 (regular payment of wages, equal pay irrespective of sex, suitable conditions of work and accommodation, medical attention and protective clothing). The ...
Debt bondage Group or joint liability Health and safety Minimum wage Poor standards of accommodation Wage manipulation, non-payment or withholding of wages
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Section 22
India Law / Regulation of Recruitment Processes and Labour Recruiters
Section 22 delineates the competence of the Courts to decide on issues regarding industrial disputes in relation to inter-state migrant workers.
-
Section 25
India Law / Regulation of Recruitment Processes and Labour Recruiters
Section 25 imposes a penalty of up to 1 year of imprisonment, a fine of up to 1,000 INR or both, for the contravention of any of the provisions contained in the (Inter-State Migrant Workmen ) Act. In the case of a continuing contravention, section 25 establishes an additional fine which may extend to 100 INR for every day during which such contravention continues after conviction for the first contravention.
Criminal liability
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Section 27
India Law / Regulation of Recruitment Processes and Labour Recruiters
Section 27 provides that where an offence is committed by a company, every person in charge of or responsible for the conduct of the business of the company, as well as the company, will be held liable for the offence, unless they can prove that the offence was committed without their knowledge or that they exercised all due diligence to prevent the commission of the offence.
Criminal liability Group or joint liability
India / Juvenile Justice Act 2000
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Section 26
India Law / Labour Law
This section criminalises the exploitation of juvenile or child workers, including procuring a juvenile for the purpose of hazardous employment, keeping him or her in debt bondage, or withholding or using his or her earnings.
Child labour Criminal liability Debt bondage Forced labour
India / Minimum Wages Act, 1948
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Section 12
India Law / Labour Law
Section 12 requires employers to pay at least the minimum wage rate set for the relevant class of employees in their employment.
Criminal liability Minimum wage Wage manipulation, non-payment or withholding of wages
-
Section 22
India Law / Labour Law
Section 22 punishes the violation of section 12 —paying workers below the corresponding minimum wage rate— with imprisonment for up to...
Criminal liability Minimum wage Wage manipulation, non-payment or withholding of wages
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Section 22C
India Law / Labour Law
Under Section 22C, if an offence under the Minimum Wages Act is committed by a company, every person who was in charge of, and was responsible to the...
Corporate criminal liability Criminal liability Minimum wage Wage manipulation, non-payment or withholding of wages
India / Payment of Wages Act, 1936
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Section 3
India Law / Labour Law
Section 3 establishes the responsibility of every employer for the payment of all wages of workers employed by him. In the case of persons employed by a contractor...
Minimum wage Wage manipulation, non-payment or withholding of wages
India / Penal Code, 1860
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Section 166 A
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 166A of the Penal Code holds police responsible for delays in registering a First Information Report after a victim makes a complaint. Punishment for inaction ranges from six months’ to two years’ imprisonment.
Criminal liability Human trafficking
India / Plantation Labour Act, 1951
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Section 15
India Law / Labour Law
Under section 15, employers are required to provide and maintain housing accommodation for every worker and his or her family residing in the plantation...
Poor standards of accommodation
-
Section 20
India Law / Labour Law
Section 20 delegates State Governments to provide for a weekly day of rest for all workers. This section also states that a worker who is willing to work on any...
Maximum working hours, overtime, weekly rest and leave
India / Prevention of Money-Laundering Act, 2002
-
Section 2(u)
India Law / 17 January 2003 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
This section defines proceeds of crime and refers to the schedule to the Act (Schedule I) where the relevant offences are listed.
Corporate criminal liability Criminal liability Proceeds of crime
-
Section 3
India Law / 17 January 2003 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Section 3 defines the offence of money-laundering so as to include any activity carried out in relation to the proceeds of crime.
Corporate criminal liability Criminal liability Proceeds of crime
India / Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
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Section 10
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This provision enables courts to order the removal of a person from an area where he or she is likely to commit an offence under this Act.
Abuse of vulnerability Administrative sanctions Criminal liability Debt bondage Discrimination
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Section 3 (1)
India Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 3 prohibits a number of acts labelled as 'atrocities' towards members of Schedule Castes. Such acts include: making a member of a Scheduled Caste or a Scheduled Tribe perform forced or bonded labour; compel a member of a Scheduled Caste or a Scheduled Tribe to dispose or carry human or animal carcasses, or to dig graves; making a member of a Scheduled ...
Abuse of vulnerability Criminal liability Debt bondage Discrimination Forced labour
India / The Children (Pledging of Labour) Act, 1933
-
Section 2
India Law / 24 February 1933 / Labour Law
Section 2 prohibits any agreements under which a parent or guardian of a child pledges the labour of the child in exchange for an economic consideration or other benefits.
Debt bondage
India / Workmen's Compensation Act, 1923
-
Section 10
India Law / 5 March 1923 / Labour Law
Section 10 provides that the Commissioner may inquire into deaths of employees in the course of their employment and require an employer to explain the circumstances of a workman's death.
Civil liability Compensation Health and safety Labour inspection
-
Section 12
India Law / 5 March 1923 / Labour Law
Section 12 establishes the liability of the principal of contractor, for the payment to a workman (sub-contracted workers) employed in the execution of work sub-contracted by him, of any compensation which he would have been liable to pay if the ...
Civil liability Compensation Group or joint liability
-
Section 2A
India Law / 5 March 1923 / Labour Law
Section 2 provides for compensation to be paid by employers to workmen for injuries suffered in the course of employment, or to the dependants of the workmen in case of death.
Civil liability Compensation Group or joint liability Health and safety
-
Section 3
India Law / 5 March 1923 / Labour Law
This provision relates to compensation for injuries suffered during the course of employment, and exceptions to the employer's liability.
Civil liability Compensation Group or joint liability
Nepal / Bonded Labour (Prohibition) Act, 2002
-
Section 14
Nepal Law / 20th April 2002 / Labour Law
Under section 14 of this Act, the Nepali government must provide "freed" bonded labourers with access to accommodation, employment and income generation activities.
Debt bondage Social protection
Nepal / Bonded labour (Prohibition) Rules, 2010
-
Rues 6-10
Nepal Nepal / 12th December 2011 / Policies
These rules regulate the allotment of land to freed bonded labourers by the government of Nepal.
Debt bondage Social protection
-
Rule 13
Nepal Nepal / 12th December 2011 / Policies
This rule lists creates the position of the Welfare Officer and sets out the Officer's duties towards freed bonded labourers. These include coordinating income generating programs, conducting ...
Debt bondage Social protection
-
Rule 16
Nepal Nepal / 12th December 2011 / Policies
This Section allows for the government to provide foreign employment opportunities for freed bonded labourers.
Debt bondage Social protection
Nepal / Foreign Employment Policy, 2012
-
Paragraph 7
Nepal Policy / Policies
This paragraph outlines the objective of the Nepali government to provide skill-based training to Nepalese citizens in order to create an organised and competitive environment for foreign employment.
Coercive, unfair or deceptive recruitment
-
Paragraph 8
Nepal Policy / Policies
This Paragraph identifies seven key policies in order to achieve the objective of creating a competitive and organised environment for foreign employment. This policy sets out ...
Coercive, unfair or deceptive recruitment
Nepal / Human Trafficking and Transportation Control Act, 2007
-
Section 15
Nepal Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This Section sets out the penalties for the commission of a human trafficking offence as per Section 3. The penalty for the crime of human trafficking is up to twenty years of imprisonment and a fine of up to two hundred thousand Rupees...
Compensation Corporate criminal liability Criminal liability Human trafficking
-
Section 16
Nepal Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This Section provides for the non-prosecution and the exemption of criminal responsibility of victims of human trafficking and slavery, in particular for the injury or killing of the perpetrator ...
Criminal liability Human trafficking
-
Section 17
Nepal Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This Section instructs the Court to order the perpetrator of a human trafficking crime to provide compensation to the victim, and specifies that the amount of compensation granted should not be less than half of the fine imposed on the perpetrator as a punishment.
Compensation Criminal liability Human trafficking
Nepal / Industrial Enterprises Act, 1992
-
Section 22
Nepal Law / 12th November 1992 / Regulation of Recruitment Processes and Labour Recruiters
This provision requires companies operating in Nepali industries to recruit from among Nepalese citizens. It allows for recruitment of foreign nationals in case the company or industry cannot operate ...
Coercive, unfair or deceptive recruitment Employment contracts
Nepal / Labour Act, 1992
-
Section 16
Nepal Law / Labour Law
Section 16 sets out a maximum of 8 daily working hours, or 40 maximum weekly hours. This provision requires a minimum of one day off as weekly holiday every week.
Maximum working hours, overtime, weekly rest and leave
-
Section 19
Nepal Law / Labour Law
Section 19 regulates overtime, and provides that any worker or employee engaged to work for more than eight hours in a day or forty eight hours in a week, shall be paid overtime ...
Maximum working hours, overtime, weekly rest and leave
-
Section 21
Nepal Law / Labour Law
This section provides that the Government of Nepal may fix the minimum wage and allowances of workers, on the recommendation of the Minimum Remuneration Fixation Committee. The ...
Minimum wage
-
Section 27
Nepal Law / Labour Law
This Section sets out the minimum health and safety standards that must be ensured by the employer. These include adequate drainage, sufficient supply of fresh air and light, and preventing the accumulation of harmful fumes.
Health and safety
-
Section 32 (a)
Nepal Law / Labour Law
This Section prohibits the employment of minors in work for which they have not received training or have been given certain guidelines. If the employer fails to respect this obligation, a penalty of imprisonment for up to 3 months and a maximum fine of 10,000 rupees shall be imposed.
Child labour Criminal liability
Nepal / Labour Rules, 1993
-
Rules 13-14
Nepal Rules / Labour Law
These Provisions provide for the use of the Welfare Fund. The Welfare Fund can be used in case of sickness of an employee, to arrange educational programmes for employees or their ...
Social protection
-
Rules 15-28
Nepal Rules / Labour Law
These provisions establish that compensation must be paid to workers in the event of injury or death. If an employee dies on the job, the Proprietor must give compensation to the family ...
Compensation Health and safety Social protection
-
Rules 28-37
Nepal Rules / Labour Law
These rules provide for workers' leave entitlements, including sick leave, public holiday leave, and maternity leave. Section 36 declares that leave is not a right of employees but rather a privilege ...
Maximum working hours, overtime, weekly rest and leave
-
Rules 38-44
Nepal Rules / Labour Law
This Chapter provides for the health and safety of employees at the workplace. It requires businesses to prevent fire hazards, regulates the amount of weight workers may carry, and also demands an investigation if a worker contracts a disease that could be related to his/her work, or the death of a worker.
Health and safety Poor working conditions
-
Rules 45-55
Nepal Rules / Labour Law
This Chapter regulates the composition of various labour-related committees as well as their authority, functions and duties. The duties of the Central Labour Advisory Committee include ...
Poor working conditions Social protection
-
Rules 9-12
Nepal Rules / Labour Law
These Provisions establish that a ‘Minimum Remuneration Fixation Committee’ will be assembled with equal representation from Government, Proprietors, and Workers/Employees, in order ...
Minimum wage
Nepal / Money Laundering Prevention Act, 2008
-
Chapter 7
Nepal Law / 1st January 2008 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
This Chapter establishes the penalties (fines and imprisonment), for individuals, institutions and corporations applicable to a number of crimes, including: failure to submit required documents ...
Confiscation of assets Corporate criminal liability Criminal liability Human trafficking
Nepal / The Public Procurement Rules
-
Rule 139
Nepal Regulation / Procurement Legislation
This Rule provides that any employee of any public entity who is aware of bribery, fraud, or any other form of corruption between the public entity and a bidder must report this to the Public Procurement Monitoring Office.
Economic sanctions Procurement
Nigeria / Child's Rights Act
-
Section 27
Nigeria Nigeria / 31st of July 2003 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
-
Section 28
Nigeria Nigeria / 31st of July 2003 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 28 prohibits the exploitation of children, and criminalises subjecting a child to forced or exploitative labour, or employing a child except where the child is employed by a family member ...
Child labour Criminal liability Forced labour Human trafficking
Nigeria / Code of Corporate Governance for Public Companies
-
Section 28.3
Nigeria Policy / 9th January 2008 / Mandatory CSR Reporting
This provision requires public companies to report annually on their social, ethical, health and safery and environmental policies and practices.
Corporate incentives Transparency in supply chains
Nigeria / Constitution of the Federal Republic of Nigeria
-
Section 34
Nigeria Law / 29th of May 1999 / Other
Section 34 of the Constitution of the Federal Republic of Nigeria guarantees the right to the dignity of the human person thus prohibiting the subjection of any person to slavery and servitude.
Debt bondage Forced labour Slavery
Nigeria / Labour Act
-
Section 13
Nigeria Law / Labour Law
This provision regulates overtime, and provides that workers must be allowed adequate breaks.
Maximum working hours, overtime, weekly rest and leave
-
Section 15
Nigeria Law / Labour Law
This provision requires wages to be paid periodically, and payable at most, at intervals not exceeding one month.
Wage manipulation, non-payment or withholding of wages
-
Section 16
Nigeria Law / Labour Law
Section 16 provides for workers' entitlement to up to 12 days of paid sick leave per year.
Maximum working hours, overtime, weekly rest and leave
-
Section 18
Nigeria Law / Labour Law
This provision prescribes annual leave with pay, and provides that every worker is entitled to at least six working days of annual leave (twelve days for children below the age of 16).
Maximum working hours, overtime, weekly rest and leave
-
Section 21
Nigeria Law / Labour Law
Under section 21, any employer who underpays workers, makes unlawful deductions or manipulates wages, or denies workers' right to anual leave, will be liable to pay a fine of up to 800 naira for ...
Criminal liability Economic sanctions Maximum working hours, overtime, weekly rest and leave Minimum wage Wage manipulation, non-payment or withholding of wages
-
Section 23
Nigeria Law / Regulation of Recruitment Processes and Labour Recruiters
This provision prohibits recruitment by intermediaries except those under permit or license, either for work in Nigeria or abroad.
Coercive, unfair or deceptive recruitment
-
Section 25
Nigeria Law / Regulation of Recruitment Processes and Labour Recruiters
This provision states that the Minister may license "fit and proper persons" to recruit citizens of Nigeria for the purpose of employment outside Nigeria or in Nigeria. Licenses granted by ...
Coercive, unfair or deceptive recruitment
-
Section 26
Nigeria Law / Regulation of Recruitment Processes and Labour Recruiters
This provision prohibits public officers from acting as recruiting agents, exercising any undue pressure upon potential recruits or receiving any remuneration or inducement for ...
Coercive, unfair or deceptive recruitment
-
Section 27
Nigeria Law / Regulation of Recruitment Processes and Labour Recruiters
Section 27 includes a number of provisions related to the recruitment of workers, including the recruiter's obligation to keep records of every recruitment operation, the prohibition to ...
Coercive, unfair or deceptive recruitment Criminal liability Group or joint liability
-
Section 30
Nigeria Law / Regulation of Recruitment Processes and Labour Recruiters
Section 30 details the expenses and maintenance to be paid by the recruiter or employer. Specifically, it provides that the expense of the journey to the place of employment should be ...
Coercive, unfair or deceptive recruitment Debt bondage
-
Section 31
Nigeria Law / Regulation of Recruitment Processes and Labour Recruiters
Section 31 provides that in case of incapacitating ilness or accident; or if for any reason for which the worker is not responsible, the worker is not engaged after being recruited; or if the worker ...
Coercive, unfair or deceptive recruitment
-
Section 33
Nigeria Law / Regulation of Recruitment Processes and Labour Recruiters
This provision prohibits the employment of workers without proper medical examination and authorisation by a labour officer. Labour officers are tasked with reviewing employment ...
Coercive, unfair or deceptive recruitment Employment contracts Labour inspection
Nigeria / Labour Regulations
-
Section 28
Nigeria Law / Labour Law
This provision establishes a daily maximum of 10 working hours, with two hours of break.
Maximum working hours, overtime, weekly rest and leave
Nigeria / Penal Code (Northern States) Federal Provisions Act
-
Section 279
Nigeria Law / 30th September 1960 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 279 prohibits the crime of "trafficking in persons" or "dealing in persons" as slaves, including transporting, buying, selling, disposing of, accepting or receiving a person against their will as a slave...
Corporate criminal liability Criminal liability Human trafficking Slavery
-
Section 280
Nigeria Law / 30th September 1960 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 280 of the Penal Code prohibits forced labour, and imposes a penalty of either imprisonment for a term that may extend to up to one year, or a fine.
Corporate criminal liability Criminal liability Forced labour
Nigeria / Trafficking in Persons (Prohibition) Enforcement and Administration Act
-
Section 13
Nigeria Law / 26th March 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Human trafficking
-
Section 14
Nigeria Law / 26th March 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Human trafficking
-
Section 15
Nigeria Law / 26th March 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Human trafficking
-
Section 16
Nigeria Law / 26th March 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Human trafficking
-
Section 21
Nigeria Law / 26th March 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Human trafficking
-
Section 22
Nigeria Law / 26th March 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Forced labour
-
Section 23
Nigeria Law / 26th March 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
-
Section 31
Nigeria Law / 26th March 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Corporate criminal liability Human trafficking
Philippines / Anti-Money Laundering Act of 2001 (RA 9160)
-
Section 14
Philippines Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Section 14 establishes the penalties for the crime of money laundering, including penalties for the failure to keep records, malicious reporting and breach of confidentiality...
Corporate criminal liability Criminal liability Economic sanctions Proceeds of crime
-
Section 3
Philippines Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Section 3 defines the legal concept of proceeds of crime under Filipino law, and lists the relevant offences for which any amount derived or realized from them will constitute...
Economic sanctions Human trafficking Proceeds of crime
Philippines / Anti-Trafficking in Persons Act of 2003 (as amended by RA 10364)
-
Section 10
Philippines Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 10 establishes the penalties to be imposed for the commission of a crime under the Anti-Trafficking Act. It punishes human trafficking with 20 years to life imprisonment...
Corporate criminal liability Criminal liability Economic sanctions Human trafficking
-
Section 13
Philippines Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 13 stipulates that the filing of a separate civil action by victims of trafficking, for the recovery of civil damages shall be exempt from the payment of filing fees.
Economic sanctions
-
Section 14
Philippines Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Section 14 provides for the confiscation and forfeiture of the proceeds of human trafficking crimes, provided that awards for damages to victims shall be taken from the personal...
Corporate criminal liability Criminal liability Economic sanctions Human trafficking Proceeds of crime
-
Section 3
Philippines Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 3 provides a number of definitions, including the definition of human trafficking (Section 3(a)), which mirrors the definition as established in the Human Trafficking Protocol...
Criminal liability Debt bondage Forced labour Human trafficking Slavery
Philippines / Labour Code (Presidential Decree No. 442 of 1974, as amended)
-
Article 106
Philippines Law / Labour Law
Article 106 establishes the joint and several liability of employers in the event that a contractor or subcontractor fails to pay the wages of his employees...
Group or joint liability Wage manipulation, non-payment or withholding of wages
-
Article 109
Philippines Law / Labour Law
Article 109 provides that every employer or indirect employer shall be held responsible together with his contractor or subcontractor for any violation of...
Child labour Group or joint liability Health and safety Maximum working hours, overtime, weekly rest and leave Minimum wage Wage manipulation, non-payment or withholding of wages
-
Article 118
Philippines Law / Labour Law
Article 118 prohibits the employer from taking any retaliatory measures against any employee who has filed a complaint or instituted a proceeding under the...
Social protection Wage manipulation, non-payment or withholding of wages
-
Article 139
Philippines Law / Labour Law
Article 139 governs the minimum working age and the employment of minors. The minimum working age is set at 15, except where the child works directly...
Child labour
-
Article 289
Philippines Law /
Article 289 specifies that if an offence under the Labour Code is committed by a corporation, firm, partnership, or any other entity, the penalty is to be imposed...
Corporate criminal liability
-
Article 32
Philippines Law / Regulation of Recruitment Processes and Labour Recruiters
Article 32 of the Labour Code institutionalizes and regulates the collection of fees by recruitment agencies, and enables the Secretary of Labour to set out the maximum allowable fees...
Coercive, unfair or deceptive recruitment
-
Article 34
Philippines Law / Regulation of Recruitment Processes and Labour Recruiters
Article 34 sets out a number of prohibited practices regarding recruitment for employment, including amongst others: charging excessive fees (any amount greater than the specified amount...
Coercive, unfair or deceptive recruitment Debt bondage Retention of travel and identification documents
-
Article 35
Philippines Law / Regulation of Recruitment Processes and Labour Recruiters
Article 35 confers the Ministry of Labour the power to suspend or cancel the license of a private recruitment agency for the violation of any provisions in the Labour Code or any other...
Administrative sanctions Coercive, unfair or deceptive recruitment
-
Article 38
Philippines Law / Regulation of Recruitment Processes and Labour Recruiters
Article 38 defines and criminalises the offence of illegal recruitment, as any recruitment activities undertaken by unlicensed recruiters. Illegal recruitment committed by a syndicate...
Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability
-
Article 39
Philippines Law / Regulation of Recruitment Processes and Labour Recruiters
Article 39 sets out the penalties applicable to the offence of illegal recruitment.
Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability
-
Article 97
Philippines Law / Labour Law
Article 97 defines 'person', as used in the labour code to impose liability, as an 'individual, partnership, association, corporation, business trust, legal representatives...
Group or joint liability
-
Articles 112-117
Philippines Law / Labour Law
Articles 112-117 prohibit a number of practices related to the manipulation of wages paid to workers, including unfair wage deductions, withholding of wages...
Wage manipulation, non-payment or withholding of wages
-
Articles 26-31
Philippines Law / Regulation of Recruitment Processes and Labour Recruiters
Articles 26-31 provide the requirements and eligibility criteria for obtaining a license to act as a recruitment or placement agency for overseas employment. Only Filipino citizens...
Coercive, unfair or deceptive recruitment
-
Articles 83-90
Philippines Law / Labour Law
Articles 83-90 govern the usual working hours of workers under the Filipino Labour Code. The normal hours of work of any employee shall not exceed eight hours...
Maximum working hours, overtime, weekly rest and leave
-
Articles 91-93
Philippines Law / Labour Law
Articles 91-93 provide that an employee will be entitled to 24 consecutive hours of rest for every six days worked. This day can be determined by the employer...
Maximum working hours, overtime, weekly rest and leave
-
Articles 99-101
Philippines Law / Labour Law
Articles 99-101 govern minimum wage in the Philippines. These Articles establish Regional Boards to set minimum wages for each region, and the National Wages...
Minimum wage Wage manipulation, non-payment or withholding of wages
Philippines / Migrant Workers and Overseas Filipinos Act of 1995 (as Amended by Republic Act No. 10022)
-
Section 10
Philippines Law / Regulation of Recruitment Processes and Labour Recruiters
Section 10 institutes joint and several liability of the employer/principal and the recruitment agency for any monetary claims arising out of an employment relationship or by virtue of...
Coercive, unfair or deceptive recruitment Economic sanctions Group or joint liability
-
Section 15
Philippines Law / Regulation of Recruitment Processes and Labour Recruiters
Section 15 delineates the responsibilities for the repatriation of workers after their term of employment ends. Such responsibilities fall on the recruitment agency abroad...
Coercive, unfair or deceptive recruitment Economic sanctions Group or joint liability
-
Section 16
Philippines Law / Regulation of Recruitment Processes and Labour Recruiters
Section 16 provides that the foreign service is responsible for the repatriation of any Filipino migrant workers who are below the minimum age requirement for overseas deployment....
Administrative sanctions Coercive, unfair or deceptive recruitment Economic sanctions
-
Section 23
Philippines Law / Regulation of Recruitment Processes and Labour Recruiters
Section 23 sets out the competencies of the POEA, Overseas Workers Welfare Administration, Department of Health, and Local Government Units with regards to the recruitment of...
Coercive, unfair or deceptive recruitment
Philippines / Penal Code (as revised by Act No. 3815 An Act Revising The Penal Code And Other Penal Laws Crimes Against Liberty)
-
Article 100
Philippines Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 100 institutes civil liability for the commission of criminal offences.
Economic sanctions
-
Article 103
Philippines Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 103 establishes the subsidiary civil liability of employers and corporations, for any crimes committed by their servants, employees, agents, etc.
Criminal liability Economic sanctions Human trafficking
-
Article 19
Philippines Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 19 defines the legal category of accessory under Filipino law, establishing that accessories are those who having knowledge of the crime, and without having...
Corporate criminal liability Criminal liability Group or joint liability Proceeds of crime
-
Article 272
Philippines Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 272 criminalises slavery and imposes a penalty of 6 to 12 years and a fine not exceeding 10,000 pesos on anyone who purchases, sells, or detains a human being...
Criminal liability Slavery
-
Article 273
Philippines Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 273 criminalises child bonded labour and imposes a penalty of 6 months to 2 years and 4 months and a fine not exceeding 500 pesos on anyone who employs a child...
Child labour Coercive, unfair or deceptive recruitment Criminal liability Debt bondage
-
Article 274
Philippines Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 274 criminalises debt bondage and imposes a penalty of 4 months to 2 years and 4 months on anyone who makes another render services under compulsion in...
Criminal liability Debt bondage
Philippines / Special Protection of Children Against Abuse, Exploitation and Discrimination Act (1992)
-
Section 11
Philippines Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 11 provides for the immediate closure and the cancellation of the license of any establishments or enterprises that promotes child trafficking.
Child labour Economic sanctions Human trafficking Slavery
-
Section 12
Philippines Law / Labour Law
Section 12 sets out two exceptions to the general rule prohibiting the employment of children under the age of 15: a) where the child works directly under the sole responsibility...
Child labour
-
Section 12(a)
Philippines Law / Labour Law
Section 12(a) sets out the maximum working hours of a working child, by age: Below 15 years of age: 20 hours / week at a maximum of 4 hours / day (working between...
Child labour Maximum working hours, overtime, weekly rest and leave
-
Section 12(d)
Philippines Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 12(d) prohibits the worst forms of child labor, including slavery, forced labour including all forms of slavery and trafficking of children, debt bondage...
Child labour Criminal liability Debt bondage Forced labour Health and safety Human trafficking Poor working conditions Slavery
-
Section 13
Philippines Law / Labour Law
Section 13 provides that in all cases of employment, the employer must provide the working child with access to at least primary and secondary education.
Child labour Social protection
Philippines / Wage Rationalization Act (Republic Act 6727)
-
Section 12
Philippines Law / Labour Law
Section 12 sets out sanctions for failure or refusal to comply with any of the prescribed increases or adjustments in minimum wage rates made according...
Minimum wage Wage manipulation, non-payment or withholding of wages
Qatar / Labour Law No. 14 of 2004
-
Article 10
Qatar Law / Labour Law
Article 10 provides that the filing of labour suits will be exempted from judicial fees.
Compensation
-
Article 106
Qatar Law / Labour Law
Article 106 provides that employers employing workers in remote or difficult access locations must provide them with suitable means of transportation, suitable accommodation or both; potable water; and adequate food or the means for obtaining thereof.
Health and safety Poor standards of accommodation Poor working conditions
-
Article 108
Qatar Law / Labour Law
Under Article 108, employers are under the obligation to report work injuries or deaths to the police.
Health and safety
-
Article 115
Qatar Law / Labour Law
Under Article 115, employers must report statistics of work related injuries and occupational diseases to the Labour Department every 6 months.
Health and safety
-
Article 116
Qatar Law / Labour Law
Workers may form a "Workers Committee" for the protection of their rights and interests in the place of work. However, only Qatari workers can be members of the "Worker Committee", which can only be formed at establishments with over 100 Qatari workers.
Abuse of vulnerability Poor working conditions Social protection
-
Article 135
Qatar Law / Labour Law
Article 135 establishes the "Work Inspection Organ" as part of the Labour Department.
Labour inspection
-
Article 137
Qatar Law / Labour Law
Article 137 provides that work inspectors deputised by a decision of the Attorney General in agreement with the Minister, will have the same powers as law enforcement officers as regards the implementation of the provisions of the Labour Law.
Labour inspection
-
Article 138
Qatar Law / Labour Law
Article 138 sets out the authority and powers of labour inspectors, which include conducting unannounced inspections of workplaces, inspecting worker accommodation premises and enquiring with employers or with individual workers.
Labour inspection
-
Article 139
Qatar Law / Labour Law
Article 139 requires employers to facilitate the duties of work inspectors.
Labour inspection
-
Article 144
Qatar Law / Labour Law
Article 144 provides the penalties to be imposed to violators of Articles 7, 12, 19, 21, 22, 23, 27, 28, 35, sub-article 2 of Article 39, Articles 46, 47, 48, 57, 58, 73, 74, 75, 77, 91, 92, 95, 97, 99, 106, 115 and 139 of the Labour Law.
Economic sanctions
-
Article 145
Qatar Law / Labour Law
Under Article 145 of the Labour Code the breach of section 66, this is of the employer's obligation to pay workers' wages timely and through a bank transfer to a bank account in a Qatari bank, is penalised with up to 1 month of imprisonment, or a fine ranging from 2,000 to 6,000 Riyals, or both.
Administrative sanctions Corporate criminal liability Criminal liability Economic sanctions Minimum wage Wage manipulation, non-payment or withholding of wages
-
Article 19
Qatar Law / Labour Law
Article 19 provides that employers must report employment relationships every 6 months.
Abuse of vulnerability Social protection
-
Article 25
Qatar Law / Labour Law
Article 25 provides that the ministry shall cancel a worker's work permit if the worker is carrying out work different from that established in the permit; if the worker is not in possession of a residence permit; if the worker discontinues his or her employment without justification; if the worker works for an employer other than the employer the worker ...
Abuse of vulnerability Immigration status
-
Article 28
Qatar Law / Regulation of Recruitment Processes and Labour Recruiters
Article 28 prohibits recruiting foreign workers by or through unlicensed recruiters or agencies.
Coercive, unfair or deceptive recruitment
-
Article 29
Qatar Law / Regulation of Recruitment Processes and Labour Recruiters
Article 29 prohibits engaging in recruitment for others without a license.
Administrative sanctions Coercive, unfair or deceptive recruitment
-
Article 3
Qatar Law / Labour Law
Article 3 sets out the categories of workers excluded from Labour Law: public employees or employees of Qatar Petroleum, workers whose employment is regulated by special laws, workers of the air forces, policemen, workers employed at sea, workers employed in casual work, persons employed in domestic employment, working members of the employer's ...
Abuse of vulnerability Social protection
-
Article 33
Qatar Law / Regulation of Recruitment Processes and Labour Recruiters
Article 33 bans recruitment agencies from charging recruitment fees.
Abuse of vulnerability Administrative sanctions Coercive, unfair or deceptive recruitment Debt bondage
-
Article 35
Qatar Law / Regulation of Recruitment Processes and Labour Recruiters
This Article institutes the obligation of recruitment agents to keep files and documents regarding their activities.
Coercive, unfair or deceptive recruitment
-
Article 38
Qatar Law / Labour Law
This Article sets out the minimum requirements of employment contracts.
Employment contracts Wage manipulation, non-payment or withholding of wages
-
Article 40
Qatar Law / Labour Law
Article 40 provides that employment contracts for a limited duration cannot exceed 5 years.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Employment contracts Forced labour
-
Article 43
Qatar Law / Labour Law
Article 43 provides that a contract containing an undertaking by the worker to work for the rest of his life for the employer is void.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Debt bondage Employment contracts Forced labour Slavery
-
Article 45
Qatar Law / Labour Law
Employers are prohibited from demanding workers to perform work different from what they had agreed to in the original employment contract.
Coercive, unfair or deceptive recruitment Employment contracts
-
Article 48
Qatar Law / Labour Law
This Article sets out the employer's obligation to keep records including names, nationalities, wages, leaves of the workers, wages paid, deductions and penalties imposed upon the workers, register of work injuries, end of service register with dates, causes of termination and entitlements paid.
Health and safety Maximum working hours, overtime, weekly rest and leave Social protection Wage manipulation, non-payment or withholding of wages
-
Article 51
Qatar Law / Labour Law
This Article sets out the conditions under which the worker may terminate the employment contract before term, which include: a breach by the employer of his obligations under the service contract or the provisions of the Labour Law; a physical assault or immoral act committed by the employer or any of his agents upon the worker or ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Employment contracts Health and safety Wage manipulation, non-payment or withholding of wages
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Article 53
Qatar Law / Labour Law
Upon termination of the service contract, the employer must a) give the worker—upon his demand—a service certificate indicating the date of his engagement in the employment, the date of expiry of his employment, the type of work he was performing and the amount of wage he was receiving; and b) return any certificates or documents deposited with the employer to the worker.
Retention of travel and identification documents Wage manipulation, non-payment or withholding of wages
-
Article 57
Qatar Law / Labour Law
Article 57 sets out the employers obligation to return workers to their place of recruitment.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status
-
Article 58
Qatar Law / Labour Law
Article 58 regulates the disciplinary power of the employer. The employer may impose penalties for violations of the employer's regulations, with some limitations as provided in Article 59.
Wage manipulation, non-payment or withholding of wages
-
Article 59
Qatar Law / Labour Law
Article 59 enumerates a number of forms or types of penalties sanctioned by the law. These include: notification and warning; deduction from the wage of the worker for a period not exceeding five days in respect of one violation; suspension from work together with non-payment of the wage for a period not exceeding five days in respect ...
Wage manipulation, non-payment or withholding of wages
-
Article 6
Qatar Law / Labour Law
Article 6 establishes that if the employer entrusts any natural or corporate persons with carrying out the employer’s original work (subcontracting), the entrusted person must treat his workers and the employer’s workers equally in regard to entitlements and privileges. It also establishes the joint liability of the original employer and the subcontractor for the payment ...
Employment contracts Group or joint liability Poor working conditions Wage manipulation, non-payment or withholding of wages
-
Article 61
Qatar Law / Labour Law
Article 61 regulates disciplinary dismissal without pay, and provides a closed list of scenarios in which the employer will be justified to dismiss a worker without notice.
Abuse of vulnerability Immigration status Social protection
-
Article 65
Qatar Law / Labour Law
Article 65 provides that workers are entitled to receive their wages as established in the employment contract, or if not specified in the contract, in accordance with relevant regulations or customary practices.
Coercive, unfair or deceptive recruitment Employment contracts Minimum wage Wage manipulation, non-payment or withholding of wages
-
Article 66
Qatar Law / Labour Law
Article 66 provides that the wages of workers appointed on the basis of an annual or monthly remuneration must be paid, at least, once a month, and the wages of all other workers must be paid, at least, once every two weeks. Importantly, the employer must pay the wages to the employee by bank transfer to an account in a financial institution in Qatar. Any person ...
Corporate criminal liability Criminal liability Wage manipulation, non-payment or withholding of wages
-
Article 67
Qatar Law / Labour Law
Article 67 sets out the employer's obligation to promptly pay any outstanding wages and other entitlements to the employee upon termination of service.
Wage manipulation, non-payment or withholding of wages
-
Article 69
Qatar Law / Labour Law
Article 69 prohibits the practice of forcing workers to purchase food or other commodities from specified establishments or from the employer.
Abuse of vulnerability Debt bondage Wage manipulation, non-payment or withholding of wages
-
Article 70
Qatar Law / Labour Law
Article 70 prohibits the practice of retaining workers' wages in order to repay a debt with the employer. Retention of any part of the wages due to the worker, or stopping the payment thereof is therefore prohibited, except in execution of a judicial decision. In case of retention for the execution of a judicial decision, priority will be given to the payment of ...
Debt bondage Wage manipulation, non-payment or withholding of wages
-
Article 71
Qatar Law / Labour Law
Under this provision, any deductions from a worker's wages to cover lost or damaged property cannot exceed 7 days wages in any one month.
Wage manipulation, non-payment or withholding of wages
-
Article 75
Qatar Law / Labour Law
Article 75 provides that workers must be allowed a weekly rest day.
Maximum working hours, overtime, weekly rest and leave
-
Article 82
Qatar Law / Labour Law
Article 82 provides for a worker's entitlement to sick leave.
Maximum working hours, overtime, weekly rest and leave
-
Article 86
Qatar Law / Labour Law
Article 86 fixes the minimum working age at 16.
Child labour Criminal liability
-
Article 9
Qatar Law / Labour Law
This provision establishes that all contracts and other documents under the Labour Law shall be made in Arabic. It provides that the employer may accompany such contracts, documents or written instruments with translations into other languages, but in case of any difference the Arabic text shall prevail.
Coercive, unfair or deceptive recruitment Employment contracts
-
Article 90
Qatar Law / Labour Law
Article 90 determines the maximum working hours for juvenile workers (workers over the age of 16 but under 18 years old).
Child labour Maximum working hours, overtime, weekly rest and leave
-
Article 93
Qatar Law / Labour Law
Under this provision, female employees are entitled to wages and opportunities equivalent to those given to male employees performing the same work.
Discrimination Minimum wage
-
Article 94
Qatar Law / Labour Law
This Article prohibits the employment of women in certain types of jobs considered to be arduous, detrimental to their health or morals.
Abuse of vulnerability Discrimination
-
Articles 109-114
Qatar Law / Labour Law
Articles 109-114 establish the rights of workers to receive appropriate medical treatment and compensation following a work related injury, disability or death. These articles also set the conditions for the claim of such compensation and the mechanism for the resolution of disputes in this regard.
Compensation Health and safety
-
Articles 14 and 15
Qatar Law / Labour Law
Articles 14 and 15 provide the minimum conditions of and requirements for concluding a vocational training contract.
Employment contracts Minimum wage
-
Articles 60 and 62
Qatar Law / Labour Law
Articles 60 and 62 introduce limitations on the penalties or deductions that employers may impose on employees. Disciplinary penalties imposed by the employer cannot exceed five days wages in respect of any one violation or in any one month.
Minimum wage Wage manipulation, non-payment or withholding of wages
-
Articles 73 and 74
Qatar Law / Labour Law
Articles 73 and 74 provide that the maximum ordinary working hours a worker can be required to work are 48 hours a week at the rate of 8 hours a day (except, during Ramadan, 36 hours a week at the rate of 6 hours a day), or 60 hours a week at the rate of 10 hours a day if overtime is paid.
Maximum working hours, overtime, weekly rest and leave
-
Articles 78 – 81
Qatar Law / Labour Law
Articles 78 and 79 stipulate workers entitlement to annual leave. Article 81 provides that any agreement forfeiting the employee's annual leave shall be void.
Maximum working hours, overtime, weekly rest and leave
-
Articles 99 – 105
Qatar Law / Labour Law
Article 99 imposes a number of obligations on employers related to workplace health, safety and work related hazards. These include: the obligation to inform workers regarding possible work related hazards, to take precautionary measures to protect employees from work relate hazards, diseases or accidents, to take the necessary measures to ensure adequate hygiene ...
Health and safety
Qatar / Law No. 11 of 2004 (Criminal Code)
-
Article 318
Qatar Law / 10 May 2004 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 318 criminalises depriving another of his or her freedom, as well as kidnapping, or unlawfully arresting or detaining someone.
Criminal liability
-
Article 321
Qatar Law / 10 May 2004 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 321 criminalises the practice of slavery and punishes this crime with up to 7 years of imprisonment.
Criminal liability Slavery
-
Article 322
Qatar Law / 10 May 2004 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 322 criminalises forcing a person to work with or without a salary.
Criminal liability Minimum wage Wage manipulation, non-payment or withholding of wages
-
Article 354
Qatar Law / 10 May 2004 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 354 criminalises fraud through the use of a false identity or by impersonating another.
Criminal liability
-
Article 360
Qatar Law / 10 May 2004 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 360 criminalises the fraudulent obtention of a license, passport, or any other public document issued by a public authority.
Criminal liability
-
Article 367
Qatar Law / 10 May 2004 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 367 persecutes the possession or concealment of the proceeds of crime.
Criminal liability Proceeds of crime
-
Article 37
Qatar Law / 10 May 2004 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 37 provides the framework for the criminal liability of legal persons, and establishes that corporations shall be criminally liable for the offences committed by its representatives, managers, and agents acting on its behalf or in its name.
Corporate criminal liability Forced labour Slavery
Qatar / Law No. 15 of 2011 concerning combating Human Trafficking
-
Article 14
Qatar Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 14 sets out the penalties for the basic offence of human trafficking, imposing a sentence of up to 7 years imprisonment and a fine of up to 250,000 Riyals.
Criminal liability Economic sanctions Forced labour Human trafficking Slavery
-
Article 15
Qatar Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 15 sets out the penalties for the aggravated offence of human trafficking, imposing a sentence of up to 15 years imprisonment and a fine of up to 300,000 Riyals.
Criminal liability Economic sanctions Forced labour Human trafficking Slavery
-
Article 16
Qatar Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 16 establishes the penalty for witness tampering related to human trafficking crimes.
Criminal liability Forced labour Human trafficking Slavery
-
Article 17
Qatar Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 17 sets out the penalties for the attempted offence of human trafficking, imposing a sentence of up to 3 years imprisonment and a fine of up to 200,000 Riyals.
Criminal liability Economic sanctions Forced labour Human trafficking Slavery
-
Article 18
Qatar Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 18 penalizes the concealment of a human trafficking offense, including the concealment of funds obtained by any of the crimes stipulated in this Law, or knowingly concealing evidence thereof.
Forced labour Human trafficking Proceeds of crime Slavery
-
Article 2
Qatar Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 2 establishes the definition of human trafficking and criminalises human trafficking.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Criminal liability Forced labour Human trafficking Slavery
-
Article 22
Qatar Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 22 establishes the criminal liability of legal persons and of the persons responsible for the management of legal persons (companies, corporations, etc.) for crimes of human trafficking committed by their employees or ...
Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Economic sanctions Forced labour Group or joint liability Human trafficking Slavery
-
Article 23
Qatar Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Article 23 provides for the confiscation of the proceeds of the crime and of any items used in the commission of the crime.
Proceeds of crime
-
Article 25
Qatar Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 25 establishes the non-punibility of victims for immigration offences.
Human trafficking
-
Article 3
Qatar Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This Article establishes that the consent of the victim to exploitation is irrelevant to the commission of the crime of human trafficking. In addition, this article notes that the consent of a child will be irrelevant in all cases and under all circumstances.
Abuse of vulnerability Child labour Coercive, unfair or deceptive recruitment Human trafficking
-
Article 4
Qatar Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 4 provides for the non-punibility of victims of human trafficking.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Forced labour Human trafficking Slavery
-
Article 5
Qatar Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 5 sets out the authorities' duty to protect victims of human trafficking.
Human trafficking
-
Article 6
Qatar Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 6 sets out the rights of the victims of human trafficking under Qatari legislation, including the right to appropriate remedies for any damages suffered.
Compensation Human trafficking
Qatar / Law No. 21 of 2015 on the Regulation of the Entry and Exit of Expatriates
-
Article 26
Qatar Law / 27 October 2015 / Regulation of Recruitment Processes and Labour Recruiters
According to Article 26 of the new law, if a foreign worker is dismissed on disciplinary grounds, and does not appeal against his dismissal before the competent court, or his appeal is rejected by the court, the foreign worker will not be ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status
-
Articles 17 – 20
Qatar Law / 27 October 2015 / Regulation of Recruitment Processes and Labour Recruiters
Articles 17 to 20 establish a number of requirements for the recruitment of migrant workers. Article 17 lists the parties responsible for the expatriat during his or her residence in Qatar. In the case of workers / employees this responsibility lies solely with ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status
-
Articles 2-7
Qatar Law / 27 October 2015 / Regulation of Recruitment Processes and Labour Recruiters
These articles set out the conditions for the entry and exit of non-Qataris into / out of the State of Qatar. Under Art. 7, expatriates must inform the competent authority at the Ministry of their intention to leave the country at least three working days before ...
Coercive, unfair or deceptive recruitment Immigration status
-
Articles 21 – 23
Qatar Law / 27 October 2015 / Regulation of Recruitment Processes and Labour Recruiters
Articles 21 to 23 establish the conditions under which migrant workers (non-Qatari citizens) may change employers. Article 21 requires the approval of both the employer and an authority within the Ministry of Labour for a foreign worker to transfer to ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status
-
Articles 24 – 28
Qatar Law / 27 October 2015 / Regulation of Recruitment Processes and Labour Recruiters
Articles 24 to 28 set out the conditions for the deportation and repatriation of migrant workers, and provide that foreign workers must leave the country in the event of failling to obtain a residence permit, or after 90 days of their permit expiring or ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status
-
Articles 38 – 41
Qatar Law / 27 October 2015 / Regulation of Recruitment Processes and Labour Recruiters
Articles 38 to 41 set out the penalties for the violation of certain provisions in this law. Under article 38, employers who allow employees originally recruited by them to work for other parties without prior official approval, may be subjected ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Criminal liability Immigration status
-
Articles 8 – 16
Qatar Law / 27 October 2015 / Regulation of Recruitment Processes and Labour Recruiters
Articles 8 to 16 regulate the residence of migrant workers. Article 8 requires the employer to return the workers´ passports or identification documents after the procedures required to issue or revew the workers residence permits have been ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status Retention of travel and identification documents
Qatar / Law No. 4 of 2009 Regarding Regulation of Expatriates' Entry, Departure, Residence and Sponsorship (the Sponsorship or Kafala Law)
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Article 12
Qatar Law / Regulation of Recruitment Processes and Labour Recruiters
Article 12 allows for a change of sponsor in certain cases (i.e. abuse by the employer) and provides that the Ministry of Interior can afford an exit permit...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status
-
Article 15
Qatar Law / Regulation of Recruitment Processes and Labour Recruiters
Article 15 provides that migrant workers may only lawfully work for the natural or legal person who recruited them as employees for sponsorship purposes...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status
-
Article 18
Qatar Law / Regulation of Recruitment Processes and Labour Recruiters
Article 18 establishes that each migrant granted an entry visa to Qatar must have a sponsor, and ties migrants' VISA status and work permit to the sponsor. Migrant workers may only leave the country on submission of an exit ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status
-
Article 19
Qatar Law / Regulation of Recruitment Processes and Labour Recruiters
Article 19 provides that only Qatari nationals or businesses can act as sponsors.
Abuse of vulnerability Immigration status
-
Article 22
Qatar Law / Regulation of Recruitment Processes and Labour Recruiters
This Article sets out the conditions for the voluntary transfer of sponsorship from one employer to another.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status
-
Article 24
Qatar Law / Regulation of Recruitment Processes and Labour Recruiters
This Article mandates sponsors to repatriate migrant workers after expiry of the residence permit and/or bearing the expenses of preparing a deceased sponsored employee for burial irrespective of the cause of death.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status
-
Article 9
Qatar Law / Regulation of Recruitment Processes and Labour Recruiters
Article 9 provides that the personal documents of individuals must be returned to their owner upon completion of the residency paperwork, which must...
Abuse of vulnerability Immigration status Retention of travel and identification documents
Qatar / Minister of Civil Service Affairs and Housing Decree No. 13/2005
-
Ministerial Decree No.13
Qatar Decree / 22 August 2005 / Labour Law
Labour inspection
Qatar / Resolution No. 15/2005 of the Minister of Civil Service Affairs and Housing
-
Article 1
Qatar Decree / 25 September 2005 / Labour Law
Article 1 prohibits hiring juveniles to carry out work in a number of work areas or sectors, including: in quarries, marble, flagstone and and leaching factories; petroleum extraction and refinement; to work in furnaces including bakeries, metal ...
Child labour Health and safety
Qatar / Resolution No. 17/2005 of the Minister of Civil Service Affairs and Housing on the Conditions and Description of Appropriate Housing for Employees
-
Article 1
Qatar Decree / 25 September 2005 / Labour Law
Article 1 sets out the employer's obligation to provide workers with suitable accommodation outside of the construction area, if so required by the type of work or by the work status at the construction area.
Health and safety Poor standards of accommodation
-
Articles 2 – 10
Qatar Decree / 25 September 2005 / Labour Law
Articles 2 to 10 set out a number of requirements for the provision of adequate accommodation of employees. These include: size requirements of rooms; the provision that every room may lodge a maximum of 4 workers for permanent ...
Poor standards of accommodation
Qatar / Resolution No. 18/2005 of the Minister of Civil Service Affairs and Housing
-
Article 2
Qatar Decree / Labour Law
Article 2 introduces the employer's obligation to notify the labor Department of a) any fire incidents, or any collapse or explosion incidents that lead to discontinue work at the plant, or any of its productive sections, and b) any occupational ...
Health and safety Poor working conditions
Spain / Consolidated Text of the Employment Law
-
Articles 33-34
Spain Law /23rd October 2010 / Regulation of Recruitment Processes and Labour Recruiters
Articles 33 and 34 regulate employment agencies, establish the basic principles of labour recruitment, and prohibit recruitment agencies from charging any fees or receiving any ...
Coercive, unfair or deceptive recruitment Debt bondage
Spain / Consolidated Text of the Labour Infractions and Sanctions Act
-
Article 7
Spain Law / 4th August 2000 / Labour Law
This Article stipulates that breaches of employers' obligations, including breaches of contract or of the legally established obligations, including regarding maximum working ...
Administrative sanctions Coercive, unfair or deceptive recruitment Economic sanctions Employment contracts Maximum working hours, overtime, weekly rest and leave Poor working conditions
-
Article 8
Spain Law / 4th August 2000 / Labour Law
This Article provides the list of offences that are to be considered very serious administrative offences (breaches of the labour order). This list includes, amongst others: non-payment and late ...
Administrative sanctions Child labour Discrimination Economic sanctions Poor working conditions Wage manipulation, non-payment or withholding of wages
-
Articles 11-13
Spain Law / 4th August 2000 / Labour Law
Articles 11-13 provide the list of administrative offences (breaches of the labour order) related to Occupational Health and Safery that may be considered minor, severe and very ...
Administrative sanctions Economic sanctions Health and safety
-
Articles 14-16
Spain Law / 4th August 2000 / Regulation of Recruitment Processes and Labour Recruiters
Articles 14-16 establish the minor, severe and very serious breaches of the labour law in the area of employment and recruitment. Under article 15, publishing a deceptive job ...
Coercive, unfair or deceptive recruitment
-
Articles 18-19
Spain Law / 4th August 2000 / Regulation of Recruitment Processes and Labour Recruiters
Articles 18 and 19 regulate the offences (minor, serious, and very serious) that may be committed by temporary work agencies (article 18) and contracting businesses or ...
Coercive, unfair or deceptive recruitment Debt bondage
-
Articles 20-23
Spain Law / 4th August 2000 / Labour Law
These Articles regulate the infractions (minor, severe and very serious) that employers may commit against the Social Security system, ranging from failure to present certain ...
Administrative sanctions Economic sanctions Social protection
-
Articles 35-36
Spain Law / 4th August 2000 / Regulation of Recruitment Processes and Labour Recruiters
Article 35 prohibits modifying the conditions of an employment offer for work abroad, if this modification is harmful to the worker; similarly falsifying, rectifying or concealment of ...
Coercive, unfair or deceptive recruitment Debt bondage
-
Articles 39-41
Spain Law / 4th August 2000 / Labour Law
Administrative sanctions Economic sanctions Health and safety Maximum working hours, overtime, weekly rest and leave Poor working conditions Social protection Wage manipulation, non-payment or withholding of wages
-
Articles 42-43
Spain Law / 4th August 2000 / Labour Law
Article 42 establishes the joint liability of contractors and subcontractors regarding the prevention of workplace hazards. Under this provision, both the principal and its contractors and ...
Administrative sanctions Civil liability Coercive, unfair or deceptive recruitment Group or joint liability Health and safety
Spain / Law 3/2007 of 22 March for Effective Equality Between Women and Men
-
Article 46
Spain Law / 22nd March 2007 / Labour Law
This Article requires companies with over 200 employees to develop and adopt corporate equality plans. Specifically, this article provides that these plans should have a clear set of...
Discrimination
Spain / Law 30/2007 on Public Sector Contracts
-
Article 49
Spain Law / Procurement Legislation
This article excludes certain individuals or companies from contracting with public bodies. Among others, it excludes from public procurement and contracting all persons ...
Corporate incentives Economic sanctions Procurement
Spain / Law No. 2/2011 of March 4th 2011 on Sustainable Economy
-
Article 35
Spain Law / 4th of March 2011 / Mandatory CSR Reporting
This Article provides for the mandatory submission of CSR reports with regard to State companies. Importantly, the principles of CSR should be present within their suppliers as well.
Corporate incentives Procurement Reporting
-
Article 39
Spain Law / 4th of March 2011 / Mandatory CSR Reporting
This Article specifies that large corporations (businesses with more than 1,000 employees) must report annually to the State Council for CSR on their implementation of Corporate ...
Corporate incentives Procurement Reporting
Spain / Ocuppational Health and Safety Law
-
Articles 14-29
Spain Law / 10th November 1995 / Labour Law
Articles 14-29 set out a number of key obligations for employers related to risk prevention, including worker training to ...
Health and safety
-
Articles 42-54
Spain Law / 10th November 1995 / Labour Law
Articles 42-54 provide the sanctions for non-compliance with the employers' obligations as provided in this law ...
Corporate incentives Economic sanctions Group or joint liability Health and safety Procurement
-
Articles 5-13
Spain Law / 10th November 1995 / Labour Law
Articles 5-13 stipulate the duties of the Spanish Public Administration on the matter of ocuppational health and safety...
Health and safety Labour inspection
Spain / Organic Law 5/2010, of 22 June 2010
-
Preamble
Spain Law / 22nd June 2010 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Within any labour or civil service activity ‘labour harassment’ in the context of abuse of power includes every kind of harassment including ‘mobbing’, harassment of women and sexual ...
Corporate criminal liability Criminal liability Discrimination
Spain / Public Procurement Act
-
Article 60
Spain Law / 14th November 2011 / Procurement Legislation
This Article prohibits the following corporate bodies from entering into a contract with the Public Administration: a) Companies convicted of, among others: human trafficking, offences against the Social Security system, offences against workers' rights...
Corporate incentives Economic sanctions Procurement
Spain / Spanish Criminal Code
-
Article 177 bis
Spain Law / 23rd November 1995 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This article provides the definition of human trafficking in the Spanish legislation and imposes a penalty of five to eight years of imprisonment for the commission of human trafficking ...
Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Forced labour Human trafficking Slavery
-
Article 298
Spain Law / 23rd November 1995 / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Articles 298-304 set out the criminal legal framework for dealing with the proceeds of crime and provide the penalties for both individuals and legal entities who commit crimes related to ...
Corporate criminal liability Criminal liability Economic sanctions
-
Article 31
Spain Law / 23rd November 1995 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 31 introduces the principle of criminal liability of corporate bodies.
Corporate criminal liability Corporate incentives Criminal liability Economic sanctions Human trafficking
-
Article 311
Spain Law / 23rd November 1995 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This article criminalises the act of imposing working or social security conditions on workers that are deliberately deceptive, or which cause harm to, suppress or restrict the rights of ...
-
Article 312
Spain Law / 23rd November 1995 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This article prohibits the act of "unlawfully trafficking labour" and criminalises the deceitful recruitment of workers through false contracts or false promises of better working ...
Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Human trafficking
-
Article 313
Spain Law / 23rd November 1995 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This article criminalises the act of luring persons or promoting their migration to Spain from their home country through deceptive promises of employment or false contract.
Coercive, unfair or deceptive recruitment Employment contracts
-
Article 314
Spain Law / 23rd November 1995 / Labour Law
This article prohibits discrimination against any person in public or private employment, and criminalises failure to comply with the State's order to provide restitution and ...
Compensation Criminal liability Discrimination
-
Article 315
Spain Law / 23rd November 1995 / Labour Law
This article criminalises the act of preventing or limiting, through abuse or deceit, workers' right to organise and to strike, and punishes this offence with six months to three years of imprisonment.
Criminal liability
-
Article 318
Spain Law / 23rd November 1995 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This article establishes that in case of involvement of a legal entity in any of the offences outlined in articles 311-317 (criminal offences against the rights of workers), the administrators or representatives ...
Corporate criminal liability
-
Article 33
Spain Law / 23rd November 1995 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Article 33 of the Penal Code sets out the penalties to be imposed for the commission of a crime under the Code, and defines the penalties to be considered severe, less severe and minimum ...
Administrative sanctions Corporate criminal liability Criminal liability Economic sanctions Human trafficking Proceeds of crime
-
Articles 316-317
Spain Law / 23rd November 1995 / Labour Law
This article sets out a penalty of up to three years and a serious fine, for serious health and safety breaches gravely endangering the life, health and physical integrity of workers.
Corporate criminal liability Criminal liability Health and safety
Spain / Spanish Workers' Statute
-
Article 19
Spain Law / 23rd October 2013 / Labour Law
This Article sets out workers' right to a safe and healthy work environment, and establishes the basic employers' obligations ...
Health and safety Poor working conditions
-
Article 4
Spain Law / 23rd October 2013 / Labour Law
This Article stipulates the basic rights of workers in Spain, including freedom of employment, freedom of association...
Coercive, unfair or deceptive recruitment Discrimination Forced labour Poor working conditions
-
Article 6
Spain Law / 23rd October 2013 / Labour Law
Under this Article, children under sixteen years of age are prohibited from working. Minors between 16 and 18 years of ...
Child labour
-
Articles 26-33
Spain Law / 23rd October 2013 / Labour Law
Articles 26-33 provide the key regulations relating to wages. Article 27 sets out the procedure for setting minimum ...
Discrimination Minimum wage Wage manipulation, non-payment or withholding of wages
-
Articles 34-38
Spain Law / 23rd October 2013 / Labour Law
Articles 34-38 regulate working time. Article 34 provides that the maximum weekly working hours will be an average ...
Maximum working hours, overtime, weekly rest and leave
Thailand / Action Plan and Implementation by the Department of Fisheries in Addressing Labour Issues and Promoting Better Working Conditions in Thai Fisheries Industry
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Action Plan
Thailand Policy / Policies
The activities to be undertaken under the Plan are as follows: 1) Development of Good LabourPractices (GLP) for the shrimp and seafood industries, and the fishing...
Thailand / Alien Working Act BE 2551 (2008)
-
Section 11
Thailand Law / Regulation of Recruitment Processes and Labour Recruiters
This section stipulates that the employer may apply for the work permit and for paying the fee on behalf of the migrant worker.
Coercive, unfair or deceptive recruitment Immigration status
-
Section 14
Thailand Law / Regulation of Recruitment Processes and Labour Recruiters
This provision sets out the requirement for migrant workers from neighbouring countries to work temporarily in Thailand, and defines the scope and duration of their work. The provision restricts migrants to working in particular types of work, and in particular locations near the border.
Coercive, unfair or deceptive recruitment Immigration status
-
Section 18
Thailand Law / Regulation of Recruitment Processes and Labour Recruiters
Section 18 provides that an employee who departs Thailand on his own expense shall be entitled to claim his deducted salary which has been remitted to the repatriation Fund, by making an application to the Registrar.
Immigration status Wage manipulation, non-payment or withholding of wages
-
Section 27
Thailand Law / Regulation of Recruitment Processes and Labour Recruiters
This section prohibits the employment of a migrant worker for any category of work other than that which is stipulated in the worker's permit.
Coercive, unfair or deceptive recruitment Criminal liability Immigration status
Thailand / Anti-Money Laundering Act B.E. 2542 (1999)
-
Section 3
Thailand Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Section 3 sets out the "predicate" offences that may be the subject of money laundering actions, including offences of fraud, extorsion, and sexual exploitation.
Corporate criminal liability Criminal liability Proceeds of crime
Thailand / Anti-Trafficking in Persons Act BE 2551 (2008)
-
Section 10
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Under section 10, where the section 6 offence is committed by three or more persons or by a member of an organized criminal group, the offenders are liable to heavier punishment. Further where the offence is committed by any member of an organized criminal group, everyone being the member of such organised criminal ...
Criminal liability Group or joint liability Human trafficking
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Section 11
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This provision provides for extraterritorial jurisdiction for the offence of human trafficking, meaning that offences committed outside of Thailand may be prosecuted in Thailand.
Criminal liability Human trafficking
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Section 14
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 14 confirms that all offences under the Anti-Trafficking Act are predicate offences under the Anti-Money Laundering Act, meaning that the proceeds of human trafficking crimes may be seized and recovered.
Corporate criminal liability Criminal liability Human trafficking Proceeds of crime
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Section 30
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This section sets out the powers of the authorities to investigate cases of child abuse, including the ability to enter homes, establishments or businesses in which children work and to issue orders to the employers of children to produce documents relating to the welfare of child workers.
Child labour Criminal liability Labour inspection
Thailand / Child Protection Act B.E. 2546 (2003)
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Section 26
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This section prohibits a large number of acts of child abuse, including forcing children to beg, to commit crimes, and to work in a way that is physically dangerous or harmful.
Child labour Corporate criminal liability Criminal liability Forced labour
Thailand / Criminal Code, 1956
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Section 312
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This provision criminalises treating a person as a slave, including buying, selling, or restraining a person.
Corporate criminal liability Criminal liability Slavery
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Section 320
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 320 criminalises the use of fraudulent, deceitful or coercive means to take a person out of Thailand. Where that movement is for the purpose of keeping the person "unlawfully" under control, or abandoning the person "in a helpless situation" the penalty is increased.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Human trafficking
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Section 344
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 344 makes it an offence to deceive a group of ten or more people into performing work, with the intention either to not pay wages or to pay lower wages than agreeed.
Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Minimum wage Wage manipulation, non-payment or withholding of wages
Thailand / Damages for the Injured Person and Compensation and Expenses Paid to Accused in Criminal Case Act B.E. 2544 (2001)
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Section 17
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 17 provides that an injured person may only seek damages for injury caused by the commission of criminal offenses listed in the attachment to the Act.
Compensation Corporate criminal liability Criminal liability Economic sanctions
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Section 18
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 18 details the damages which may be claimed under section 17. These damages are: 1) expenses as necessary for medical treatment, including expenses for physical and mental rehabilitation; 2) compensation for the death of the injured person not exceeding the amount as prescribed in the Ministerial Regulation; 3) compensation ...
Compensation Corporate criminal liability Criminal liability
Thailand / Employment and Job Seeker Protection Act B.E. 2528 (1985)
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Section 16
Thailand Law / Regulation of Recruitment Processes and Labour Recruiters
Section 16 specifies that security of not less than 50, 000 baht (in cash, bond or letter of guarantee from a bank), must be paid to the registrar by the Thai recruitment agency submitting a request for registration. This security can be used to compensate job seekers for any damages caused by the domestic employment agency ...
Coercive, unfair or deceptive recruitment Compensation
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Section 26
Thailand Law / Regulation of Recruitment Processes and Labour Recruiters
Section 26 prevents a domestic employment licensee from demanding or receiving any money or property from a job seeker other than a service charge or expense that does not exceed the rate set by the government.
Abuse of vulnerability Coercive, unfair or deceptive recruitment Debt bondage
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Section 27
Thailand Law / Regulation of Recruitment Processes and Labour Recruiters
Section 27 stipulates that service charges may only be charged once the job seeker has received their first payment of wages.
Coercive, unfair or deceptive recruitment Debt bondage
-
Section 28
Thailand Law / Regulation of Recruitment Processes and Labour Recruiters
This section sets out the obligations of an employment agency where the job or working conditions do not meet those agreed. In such case, the employment agent must pay for the return of the worker to the agency office, including travel expenses and accommodation.
Coercive, unfair or deceptive recruitment Group or joint liability Poor working conditions
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Section 30
Thailand Law / Regulation of Recruitment Processes and Labour Recruiters
This section prohibits engaging in overseas employment services without a license, which must be granted by the Central Employment Registrar.
Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability
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Section 31
Thailand Law / Regulation of Recruitment Processes and Labour Recruiters
Section 31 outlines the procedures and requirements for a recruitment agency to be able to recruit workers to work overseas, which include, significantly, for the recruitment agency to be established as a limited company or public limited company.
Coercive, unfair or deceptive recruitment
Thailand / Home Workers Protection Act B.E. 2010
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Section 16
Thailand Law / Labour Law
This section requires home workers to be paid a minimum rate of pay. Failure to comply with this provision may be penalised with a term of imprisonment...
Minimum wage
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Section 19
Thailand Law / Labour Law
Section 19 addresses the problem of wage manipulation for home workers, by prohibiting deductions from wages other than for specified purposes, such as tax or pension contributions....
Wage manipulation, non-payment or withholding of wages
Thailand / Human Trafficking Criminal Procedure Act
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Section 13
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
The public prosecutor shall request compensation for a victim under the human-trafficking law at the time of filing a criminal complaint or in a motion submitted...
Compensation Criminal liability Human trafficking
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Section 14
Thailand Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
In additional to compensation under Section 13, if it appears that in the commission of offence, the victim was maltreated, held, detained, bodily harmed...
Compensation Criminal liability Human trafficking
Thailand / Labour Protection Act B.E. 2541 (1998)
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Section 11.1
Thailand Law / Labour Law
This important provision clarifies that where a worker is recruited through an individual recruiter, the employer of a worker is the business or "entrepeneur" that uses the worker in their business operation, and that the employer must provide employment contracts to those workers.
Employment contracts Group or joint liability
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Section 115.1
Thailand Law / Labour Law
This section requires employers with more than ten employees to submit annual reports on conditions of work and employment to the Director-General.
Poor working conditions Transparency in supply chains
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Section 12
Thailand Law / Labour Law
This provision establishes joint liability for the payment of workers' wages throughout the labour supply chain, making both head and sub contractors responsible for ensuring that workers are paid.
Group or joint liability Minimum wage
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Section 139
Thailand Law / Labour Law
Section 139 provides for the powers of labour inspectors in performing his or her duties, including powers to enter a place of business, to investigate and require information from employers, and to issue orders to employers to comply with the Act.
Labour inspection
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Section 14
Thailand Law / Labour Law
If a contract of employment between an Employer and an employee, work rule, regulation or order of an Employer results in the Employer exploiting the employee, the Court has the power to order that such contract of employment, work rule, regulation or order be enforceable only to the extent that is fair and reasonable.
Employment contracts
-
Section 23
Thailand Law / Labour Law
Employees are entitled to an average work day of no more than eight hours, and a maximum of 48 hours per week, pursuant to Section 23 of the Labour Protection Act. Section 23 stipulates that working hours for performing dangerous work (as prescribed in Ministerial Regulations) are limited to a maximum of seven hours per day and 42 ...
Health and safety Maximum working hours, overtime, weekly rest and leave
Thailand / Ministerial Regulation Concerning Labour Protection in Sea Fishery Work B.E. 2557
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Clause 10
Thailand Regulation / Labour Law
This provision sets out the required frequency of paying wages to employees, including requiring wages to be paid at least monthly. However where the employee...
Wage manipulation, non-payment or withholding of wages
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Clause 16
Thailand Regulation / Labour Law
This provision requires employers on sea fishing boats to provide their workers with clean food and water and necessary medical supplies....
Poor working conditions
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Clause 2
Thailand Regulation / Labour Law
This provision provides the definitions for the Regulation, which limits the scope of the Regulation to sea fishing work conducted on fishing boats....
Employment contracts Group or joint liability Maximum working hours, overtime, weekly rest and leave Minimum wage
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Clause 4
Thailand Regulation / Labour Law
This provision prevents the employment of children under 18 years of age on a fishing boat.
Child labour
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Clause 5
Thailand Regulation / Labour Law
This provision requires that workers on fishing boats have a rest period of at least 10 hours every 24 hours, and that the worker have at least 77 hours total rest...
Maximum working hours, overtime, weekly rest and leave Poor working conditions
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Clause 6
Thailand Regulation / Labour Law
This provision requires sea fishery employers to provide their employees with a written contract in a prescribed format.
Employment contracts
-
Clause 7
Thailand Regulation / Labour Law
This provision requires employers with more than 10 employees to keep a record of employees and to make this record available to labour inspectors as required...
Employment contracts Labour inspection
-
Clause 8
Thailand Regulation / Labour Law
This provision requires employers to keep a wage record documenting the details of each employee and the rate of pay. When employees are paid their wage...
Wage manipulation, non-payment or withholding of wages
Thailand / Royal Ordinance on Fisheries B.E. 2558 (2015)
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Section 11
Thailand Ordinance / Labour Law
A factory operator who engages in a business relating to aquatic animals is prohibited from employing a person in violation of the law on labour protection or...
Abuse of migrant status Administrative sanctions Economic sanctions Employment under exploitative conditions Immigration status Poor working conditions
Thailand / Workmen's Compensation Act B.E. 2537 (1994)
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Articles 10-11
Thailand Law / Labour Law
These two articles provide for joint liability for the payment of compensation throughout the labour supply chain, ensuring that both head contractors and subcontractors are responsible for the payment of compensation under the Act.
Compensation Group or joint liability Health and safety
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Articles 13-17
Thailand Law / Labour Law
Articles 13-17 create an obligation on employers to pay for medical expenses, rehabilitation, or funeral costs where workers have suffered illnesses, injury or death as a result of their work.
Group or joint liability Health and safety
United Kingdom / Agency Workers Regulations 2010
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Regulation 12
United Kingdom Law / 21 January 2010 / Labour Law
Regulation 12 sets out the rights of agency workers in relation to access to collective facilities and amenities. This rule provides that during assignments, agency workershave the right to be treated no less favourably than a comparable worker in ...
Coercive, unfair or deceptive recruitment Poor working conditions
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Regulation 14
United Kingdom Law / 21 January 2010 / Labour Law
Regulation 14(1) provides that a temporary work agency is liable for any breach of Regulation 5 to the extent that it is responsible for the infringement...
Abuse of vulnerability Civil liability Group or joint liability
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Regulation 17
United Kingdom Law / 21 January 2010 / Labour Law
Regulation 17(1) provides that, if an agency worker who is an employee is dismissed for one of the reasons listed in subsection (3), that worker will be regarded as having been unfairly dismissed. A worker who is an employee also has the right not to ...
Coercive, unfair or deceptive recruitment Employment contracts
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Regulation 18
United Kingdom Law / 21 January 2010 / Labour Law
Regulation 18 gives an agency worker a right of recourse to an employment tribunal for alleged breaches of Regulations 5, 12, 13 or 17(2). Where an employment tribunal finds that a complaint presented to it under this regulation is well founded ...
Administrative sanctions Coercive, unfair or deceptive recruitment Compensation
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Regulation 5
United Kingdom Law / 21 January 2010 / Labour Law
Regulation 5(1) in combination with Regulation 7 provides that at the end of the 12 week qualifying period an agency worker will be entitled to the same...
Coercive, unfair or deceptive recruitment Poor working conditions
United Kingdom / Conduct of Employment Agencies and Employment Businesses Regulations 2003
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Regulation 12
United Kingdom Regulation / Regulation of Recruitment Processes and Labour Recruiters
Regulation 12 prohibits employment businesses from withholding or threatening to withold payment to work-seekers on the following grounds: non-receipt of payment from the hirer, the work-seeker's failure to produce evidence authenticated by the hirer of the fact that the work-seeker has worked during a particular period of time, the work-seeker not having worked during ...
Coercive, unfair or deceptive recruitment Minimum wage Wage manipulation, non-payment or withholding of wages
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Regulation 6
United Kingdom Regulation / Regulation of Recruitment Processes and Labour Recruiters
This provision prohibits employment agencies and other employment businesses from taking detrimental action towards work-seekers working elsewhere. Under this provision, employment agents are prohibited from threatening or subjecting work seekers to any detriment on the ground that the work seeker has terminated or given notice to terminate ...
Coercive, unfair or deceptive recruitment
United Kingdom / Criminal Law Act 1977
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Section 1
United Kingdom Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Section 1 establishes the statutory offence of conspiracy to commit a crime in general terms, which is defined as agreeing with another person or persons to...
Criminal liability Group or joint liability
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Section 1A
United Kingdom Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
This Section sets out the circumstances in which the Criminal Law Act, and its provisions on conspiracy, will have extraterritorial application...
Criminal liability Group or joint liability
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Section 3
United Kingdom Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
This section sets out the penalties for committing the offence of conspiracy, and determines these penalties by reference to the relevant underlying offence.
Corporate criminal liability Criminal liability Group or joint liability Human trafficking
United Kingdom / Employment Agencies Act 1973
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Section 11
United Kingdom Law / Regulation of Recruitment Processes and Labour Recruiters
Section 11 sets out the responsibility of bodies corporate for any offences under the Act committed with the consent or connivance of, or due to neglect on the part of any director, manager, secretary or similar offier of the body corporate.
Administrative sanctions Coercive, unfair or deceptive recruitment Corporate criminal liability Economic sanctions
United Kingdom / Employment Rights Act 1996
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Section 1
United Kingdom Law / Labour Law
Section 1 requires employers to provide a written statement of the conditions of employment to employees at the commencement of employment...
Employment contracts
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Section 15
United Kingdom Law / Labour Law
Section 15 declares the right of workers not to have to make payments to employer, and provides that an employer shall not receive a payment from a worker employed by him unless: the payment is required or authorised to be made by virtue ...
Debt bondage Wage manipulation, non-payment or withholding of wages
United Kingdom / Equality Act 2010
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Section 26
United Kingdom Law / Labour Law
Section 26 prohibits harassment, and defines this violation as engaging in unwanted conduct related to a protected characteristic of a person, with...
Abuse of vulnerability Discrimination
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Section 29
United Kingdom Law / Labour Law
This section prohibits the employer for discriminating against a person in the arrangements for deciding to whom to offer employment, by not offering...
Abuse of vulnerability Discrimination
United Kingdom / Gangmasters (Licensing) Act 2004
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Section 1
United Kingdom Law / Regulation of Recruitment Processes and Labour Recruiters
This section establishes the function and remit of the GLA and provides it with a wide-ranging power under sub-section 3 to do anything required to carry...
Labour inspection
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Section 12
United Kingdom Law / Regulation of Recruitment Processes and Labour Recruiters
Under this section, operating as a gangmaster without a licence in the agricultural, horticultural and shellfish sectors is a criminal offence. Section 12(2) also...
Coercive, unfair or deceptive recruitment Criminal liability
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Section 13
United Kingdom Law / Regulation of Recruitment Processes and Labour Recruiters
This section outlines the criminal offence of entering into arrangements with an illegal gangmaster for the supply of workers, which is punishable by up...
Criminal liability
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Section 14
United Kingdom Law / Regulation of Recruitment Processes and Labour Recruiters
Section 14 sets out a number of supplementary provisions regarding offences committed under the Act. This provision also introduces the offence under...
Criminal liability Proceeds of crime
-
Section 20
United Kingdom Law / Regulation of Recruitment Processes and Labour Recruiters
This provision extends the Act to bodies corporate and provides for both corporate and personal liability for breaches.
Administrative sanctions Coercive, unfair or deceptive recruitment Corporate criminal liability
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Section 26
United Kingdom Law / Regulation of Recruitment Processes and Labour Recruiters
Section 26 is important as it extends the protections under the Gangmasters Licensing Act to cover workers even if they do not have leave to remain in the UK...
Coercive, unfair or deceptive recruitment
United Kingdom / Health and Safety at Work etc. Act 1974
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Section 2
United Kingdom Law / Labour Law
This section imposes a general duty on employers to ensure workplace health and safety, including the requirement to provide written details of health and safety policies, their implementation and amendment. These are mandatory rather than ...
Health and safety
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Section 20
United Kingdom Law / Labour Law
Section 20 gives the inspectors the power to investigate non-compliance and inspect premises.
Health and safety Labour inspection
-
Section 21
United Kingdom Law / Labour Law
This section provides for the Health and Safety Executive or local authority to request remedial works to ensure compliance with the Act.
Administrative sanctions Health and safety Labour inspection
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Section 22
United Kingdom Law / Labour Law
This section adds to an inspector's power under s. 21 by allowing labour inspectors to issue a prohibition notice to stop an activity where the inspector believes there is a risk of serious personal injury. This adds an additional level of protection for ...
Administrative sanctions Economic sanctions Health and safety Labour inspection
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Section 33
United Kingdom Law / Labour Law
Section 33(1) creates multiple criminal offences, including breach of a duty under the Act or contravening the Act or a regulation made under the Act...
Criminal liability Health and safety Labour inspection
United Kingdom / Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland)
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Section 1
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 1 criminalises holding another person in slavery, servitude and forced or compulsory labour and sets out a maximum penalty of life imprisonment. Section 1 provides that all circumstances must be taken into account in determining whether a person is being held in slavery, forced lavour or servitude. In particular, regard must be had to any personal ...
Abuse of vulnerability Corporate criminal liability Criminal liability Forced labour Slavery
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Section 10
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 10 introduces slavery and trafficking reparation orders in Northern Ireland. A slavery and trafficking reparation order is an order requiring the person against whom it is made to pay compensation to the victim of a relevant offence for any ...
Compensation Criminal liability Human trafficking Slavery
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Section 11
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 11 introduces slavery and trafficking prevention orders in Northern Ireland: new civil orders imposing prohibitions and limitations by the courts on individuals convicted of a slavery or trafficking offence, or defendants alleged to ...
Administrative sanctions Confiscation of assets Criminal liability Forced labour Human trafficking Slavery
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Section 12
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This provision requires the Department of Justice to publish an annual strategy on human trafficking, slavery, servitude and forced labour offences, with the purpose of raising awareness and contributing to a reduction in the number of such ...
Forced labour Human trafficking Slavery
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Section 2
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 2 defines and criminalises human trafficking and sets out a penalty of up to life imprisonment for this offence. The definition in the Northern Ireland Human Trafficking and Exploitation Act is consistent with the definition contained in the UK Modern Slavery Act 2015. This provision defines human trafficking as "arranging or facilitating the travel of ...
Corporate criminal liability Criminal liability Human trafficking
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Section 20
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This provision requires the Department of Justice to issue guidelines regarding the grounds on which compensation may be awarded to victims, the procedures to be followed, and the options available to support and assist victims in applying for ...
Civil liability Compensation Forced labour Human trafficking Slavery
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Section 23
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 23 makes a number of provisions for the protection of slavery and trafficking victims in criminal investigations. Subsection 1 makes the Chief Constable responsible for ensuring that the complainant receives specific treatment from the ...
Forced labour Human trafficking Slavery
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Section 3
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 3 further defines the concept of 'exploitation' for the purpose of the human trafficking offense as defined under section 2. This section provides that a person is exploited only if they are subjected to a number of specific practices: the person is a victim of slavery, servitude or forced labour; the person is subjected to sexual exploitation —defined as being the victim ...
Abuse of vulnerability Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Forced labour Slavery
United Kingdom / Human Trafficking and Exploitation (Scotland) Act
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Section 1
United Kingdom Law / 4 November 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 1 defines and criminalises the offence of human trafficking. This provision criminalises the recruitment, transportation, harbouring or transfer of control over another person (or the facilitation of any such acts), with a view to that person ...
Corporate criminal liability Criminal liability Human trafficking
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Section 11
United Kingdom Law / 4 November 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 11 ammends the Proceeds of Crime Act 2002 to include human trafficking, slavery, servitude, and forced or compulsory labour in the list of criminal lifestyle offences in Scotland.
Corporate criminal liability Criminal liability Forced labour Human trafficking Slavery
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Section 2
United Kingdom Law / 4 November 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 2 delimits the scope of application of the Human Trafficking and Exploitation Scotland Act. This article provides that UK nationals, persons who at the time of the offence were habitually resident in Scotland, and companies incorporated ...
Corporate criminal liability Criminal liability Human trafficking
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Section 3
United Kingdom Law / 4 November 2015 / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 3 further defines the concept of exploitation for the purpose of the human trafficking offence under article 1. This section provides that a person is exploited only if they are subjected to a number of specific practices: slavery, servitude ...
Abuse of vulnerability Corporate criminal liability Criminal liability Forced labour Human trafficking Slavery
United Kingdom / Modern Slavery Act 2015
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Section 1
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 1 criminalises holding another person in slavery or servitude and requiring another person to perform forced or compulsory labour. This section clarifies...
Abuse of vulnerability Corporate criminal liability Criminal liability Forced labour Slavery
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Section 13
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This section provides the definition of "UK national" that applies in Section 2 of the Act (human trafficking). According to this section, a "UK national" is a British...
Corporate criminal liability Criminal liability Human trafficking
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Section 2
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 2 provides the definition of human trafficking under UK legislation. This section defines human trafficking as arranging or facilitating the travel of another person...
Corporate criminal liability Criminal liability Human trafficking
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Section 3
United Kingdom Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 3 provides the meaning of 'exploitation' under the Modern Slavery Act, which encompasses slavery, servitude and forced or compulsory labour...
Abuse of vulnerability Criminal liability Forced labour Human trafficking Slavery
United Kingdom / Modern Slavery Strategy 2014
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Paragraph 4.6
United Kingdom Law / Policies
In this part of the strategy, the government committed to strengthening the Gangmasters Licensing Authority’s response to modern slavery and worker exploitation, through new Better Business Compliance Partnerships, a review of licensing standards...
Forced labour Human trafficking Labour inspection Slavery
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Paragraph 6.23 – 6.28
United Kingdom Law / Policies
Corporate incentives Labour inspection Reporting Transparency in supply chains
-
Paragraph 6.31
United Kingdom Law / Policies
In this part of the strategy, the UK Government has undertaken to take steps to develop a pan-Government approach to procurement in the public
Procurement
United Kingdom / National Minimum Wage Act 1998
-
Section 1
United Kingdom Law / Labour Law
Section 1 establishes that a person is entitled to the national minimum wage if they are a worker, who works or ordinarily works in the UK, and is above...
Minimum wage
-
Section 17
United Kingdom Law / Labour Law
Under section 17, if a worker who qualifies for the national minimum wage is remunerated below the national minimum wage, the worker will be entitled...
Civil liability Compensation Minimum wage Wage manipulation, non-payment or withholding of wages
-
Section 23
United Kingdom Law / Labour Law
Under section 23, employers are prohibited from taking retaliatory action against workers who bring actions or on whose behalf actions are brought under the...
Civil liability Compensation Minimum wage Wage manipulation, non-payment or withholding of wages
-
Section 3
United Kingdom Law / Labour Law
This section enables the Secretary of State to develop regulations excluding certain categories of persons from the scope of application of the National minimum Wage Regulations, and to prescribe other national minimum wage rates for different ...
Minimum wage
-
Section 31
United Kingdom Law / Labour Law
This section creates a number of offences arising from the failure to comply with the National Minimum Wage legislation, and establishes a fine penalty
Criminal liability Minimum wage Wage manipulation, non-payment or withholding of wages
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Section 32
United Kingdom Law / Labour Law
Section 32 specifically refers to offences under the National Minimum Wage Act 1998 committed by corporations, and provides for the joint liability of the...
Corporate criminal liability Criminal liability Group or joint liability Minimum wage Wage manipulation, non-payment or withholding of wages
United Kingdom / Proceeds of Crime Act 2002
-
Part 5
United Kingdom Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Part 5 of the Act sets out a mechanism for the state to recover assets which have been obtained through conduct which is unlawful. The Act covers property...
Confiscation of assets Economic sanctions Proceeds of crime
United Kingdom / Working Time Regulations 1998
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Regulation 18
United Kingdom Law / Labour Law
Regulation 18 provides a nuber of exclusions for certain sectors in relation to working time, length of night work, daily rest, weekly rest and rest breaks. The sectors affected by these exclusions are: activities related to air, rail, road, sea, inland waterway ...
Maximum working hours, overtime, weekly rest and leave
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Regulation 29
United Kingdom Law / Labour Law
Regulation 29 provides that an employer who fails to comply with the Working Time Regulations is guilty of an offence and may be fined.
Criminal liability Maximum working hours, overtime, weekly rest and leave
-
Regulation 30
United Kingdom Law / Labour Law
Under this regulation, a worker may present a complaint to an employment tribunal in relation to various breaches of the Working Time Regulations, including regulation 10 (daily rest), 11 (weekly rest) or 12 (rest breaks). Complains must generally ...
Compensation Maximum working hours, overtime, weekly rest and leave
-
Regulation 4
United Kingdom Law / Labour Law
Regulation 4 sets out the maximum working hours at 48 hours per week (to be calculated on a 17-week average).
Maximum working hours, overtime, weekly rest and leave
-
Regulation 5
United Kingdom Law / Labour Law
Regulation 5 provides for the possibility to opt out of the 48-hour maximum week as set out under Regulation 4, through written agreement between the employer and the employee.
Maximum working hours, overtime, weekly rest and leave
-
Regulation 6
United Kingdom Law / Labour Law
Regulation 6 sets out the normal hours of work for night workers, which may not exceeed an average of 8 hours per day, to be calculated on a 17-week average.
Maximum working hours, overtime, weekly rest and leave
-
Regulation 8-12
United Kingdom Law / Labour Law
Regulation 11 provides that adult workers are entitled to a daily rest period of 11 hours per day, and young workers are entitled to 12 hours of rest per day.
Child labour Maximum working hours, overtime, weekly rest and leave
United States / Alien Tort Claims Act
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28 U.S.C. § 1350
United States Law / Other
This section gives district courts competence to hear any cases brought by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.
Civil liability Forced labour Slavery
United States / Civil Rights Act of 1964
-
42 U.S.C. § 2000e-2
United States Law / Labour Law
This is the core section that prohibits discriminatory employment practices: it is illegal to hire, fire, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges ...
Discrimination Immigration status
United States / Dodd-Frank Act
-
Section 1502
United States Law / Transparency in Supply Chains Legislation
This section establishes a requirement that companies using gold, tin, tungsten and tantalum make efforts to determine if those materials came from the...
Reporting Transparency in supply chains
United States / Executive Order 13627 - Strenthening Protections Against Trafficking in Persons in Federal Contracts
-
Section 2(1)
United States Law / 25 September 2012 / Procurement Legislation
Federal contractors are forbidden from using misleading or fraudulent recruitment practices; charging employees recruitment fees; destroying, concealing, or confiscating an employee's identity documents; failing to pay return transportation costs for work performed outside the United States; or any other specific activities that ...
Administrative sanctions Economic sanctions Group or joint liability Human trafficking Procurement
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Section 2(2)
United States Law / 25 September 2012 / Procurement Legislation
This provision imposes certain requirements on contracts or subcontracts where the estimated value of the supplies or services required to be performed outside the United States exceed $500,000. All contractors and subcontractors who meet this threshold must create and publish a compliance plan (at the workplace and must certify ...
Group or joint liability Human trafficking Procurement
United States / Fair Labor Standards Act 1938
-
29 U.S.C. § 206
United States Law / Labour Law
This section establishes the federal minimum wage, and prevents discrimination in the payment of wages on the basis of sex. It also specifically requires that employers providing contract services to the US must pay the ...
Discrimination Minimum wage Procurement
-
29 U.S.C. § 207
United States Law / Labour Law
This provision sets the maximum working hours of 40 hours per week, and provides for exceptions in particular industries and where agreed as a result of collective bargaining.
Maximum working hours, overtime, weekly rest and leave
-
29 U.S.C. § 213(a)-(b)
United States Law / Labour Law
This section provides exemptions from the wage and/or hour requirements for various classes of workers – white collar workers, certain classes of season workers, fishers, certain classes of agricultural workers ...
Maximum working hours, overtime, weekly rest and leave Minimum wage
-
29 U.S.C. §212
United States Law / Labour Law
Differentiating by age, this provision limits employment of children under the age of 18, and establishes an enforcement mechanism.
Child labour Labour inspection
-
29 U.S.C. §215(a)(1)
United States Law / Labour Law
This provision prohibits the transportation, shipment, delivery or sale of goods made in violation of the wage and working hour provisions of the FSLA (Sections 206 and 207)
Administrative sanctions Minimum wage
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29 U.S.C. §215(a)(3)
United States Law / Labour Law
This section prevents employers from firing or in any other way discriminating against an employee who files a complaint or participates in any proceeding under the FSLA.
Discrimination
United States / Federal Mine Safety and Health Act, 1977
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Section 101
United States Law / Labour Law
This section provides for safety regulations with regards to the operation of coal and other mines.
Health and safety
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Section 103
United States Law / Labour Law
The Secretary and his representatives have permission to enter any mine for inspections and investigations pursuant to this Act.
Health and safety
United States / Foreign Labor Recruitment Law (California)
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Section 3
United States Law / Regulation of Recruitment Processes and Labour Recruiters
This section requires all labour contractors recruiting foreign workers to work in California to be registered with the Labor Commisioner. Registration involves the provision of information and the...
Coercive, unfair or deceptive recruitment
United States / Migrant and Seasonal Agriculture Worker Protection Act, 1983
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Section 101
United States Law / Regulation of Recruitment Processes and Labour Recruiters
This provision requires farm labour contractors to be registered with the Department of Labor.
Coercive, unfair or deceptive recruitment
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Section 201
United States Law / Regulation of Recruitment Processes and Labour Recruiters
This section sets out the information that must be provided to migrant farmworkers by recruiters and employers. Such information includes details of the wages to be paid, the type of work to be carried out...
Coercive, unfair or deceptive recruitment
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Section 202
United States Law / Regulation of Recruitment Processes and Labour Recruiters
Coercive, unfair or deceptive recruitment Wage manipulation, non-payment or withholding of wages
United States / National Defense Authorization Act of 2013
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Section 1703
United States Law / Procurement Legislation
This section establishes a requirement that any recipient of a Federal Government grant or contract certify that the recipient does not engage in human trafficking or related activities, and has implemented a plan to prevent human trafficking activities and procedures to monitor and detect such activities by subcontractors ...
Coercive, unfair or deceptive recruitment Economic sanctions Human trafficking Procurement Retention of travel and identification documents
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Section 1704
United States Law / Procurement Legislation
Section 1704 sets out the procedure for referral and investigation of human trafficking allegations regarding the recipients of Federal Government grants or contracts, and the remedial action that may be taken. Allegations, including reports from an alleged victim or victim's representative, are referred to the Inspector General for ...
Administrative sanctions Economic sanctions Human trafficking Procurement
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Section 1705
United States Law / Procurement Legislation
Under this section a recipient of a Federal Government grant or contract must notify the Inspector General of any credbile information that the recipient, recipient's agent or subcontractor has engaged in human trafficking activities.
Economic sanctions Human trafficking Procurement
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Section 1706
United States Law / Procurement Legislation
This section amends Section 1351 of the US Code regarding fraud in foreign labour contracting, to include attempted fraud and fraud in recruitment outside the United States for the purposes of employment under a US Government contract or on a military installation, mission, or other property or premises owned or controlled by the ...
Coercive, unfair or deceptive recruitment Procurement
United States / New York Labour Law
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Section 342
United States Law / Labour Law
This section authorises the Labour Commissioner to publish on the internet listings of those persons and entities investigated by the Department of Labour or the AITF and found not to be in compliance with the law.
Administrative sanctions Labour inspection
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Section 344
United States Law / Labour Law
This section creates liability for manufacturers and contractors who contract with other manufacturers or contractors for the production of apparel, and knew or should have known that the goods were produced in breach of minimum wage requirements. It also creates liability for retailers and manufacturers who ship, deliver or sell apparel ...
Corporate criminal liability Group or joint liability
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Section 345b
United States Law / Labour Law
This section allows the AITF to confiscate goods made, or equipment used to make goods, in breach of wage requirements.
Administrative sanctions Minimum wage Proceeds of crime
United States / Occupational Safety and Health Act
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29 U.S.C. § 654
United States Law / Labour Law
Under this section employers and employees are required to comply with safety and health regulations developed pursuant to the Act.
Economic sanctions Health and safety
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29 U.S.C. § 657
United States Law / Labour Law
This section provides that the Secretary and his representatives may enter, inspect and investigate any workplace to ensure compliance with the Act.
Health and safety Labour inspection
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29 U.S.C. § 658
United States Law / Labour Law
Under this section "citations" may be issued to employers who are found non-compliant with the Act, detailing the nature of the violation and the relevant provision or regulation violated.
Health and safety
United States / Racketeering Influenced Corrupt Organizations Act (RICO)
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18 U.S.C. § 1961
United States Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
This section sets out the definitions used in RICO, and in particular specifies that racketeering activity includes slavery and trafficking in persons.
Proceeds of crime
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18 U.S.C. § 1962
United States Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Section 1962 makes it unlawful for any person who has received income derived, directly or indirectly, from racketeering activity such as human trafficking or slavery, to use or invest the income in an enterprise affecting interstate or ...
Criminal liability
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18 U.S.C. § 1963
United States Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Under Section 1963 any property constituting or deriving from racketeering activity shall be forfeited to the United States government. Under this section the court may also make restraining orders or injunctions to preserve the ...
Confiscation of assets Criminal liability Proceeds of crime
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18 U.S.C. § 1964
United States Law / Criminal Liability for Fraud, Money Laundering, Racketeering or Proceeds of Crime
Under Section 1964, a person who suffers damage to business or property by reason of money laundering activities in violation of Section 1962 can sue and recover threefold the damages sustained plus attorneys fees.
Civil liability Compensation Proceeds of crime
United States / Tariff Act of 1930
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19 U.S.C. § 1307
United States Law / Product Bans and Mandatory Certification
This section prohibits the importation into the US of products manufactured outside the US using convict or forced labour, or certain indentured labour.
Administrative sanctions Debt bondage Economic sanctions Forced labour
United States / Trafficking Victims Protection Act and its Reauthorizations
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18 U.S.C. § 1351
United States Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 1351 as introduced by the TVPA prohibits fraudulent recruitment of overseas workers for work work in the US. Amendments made by the National Defense Authorization Act 2013 also extended the scope of this provision ...
Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Procurement
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18 U.S.C. § 1589
United States Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Corporate criminal liability Criminal liability Forced labour Group or joint liability
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18 U.S.C. § 1590
United States Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This section establishes the offence of human trafficking for labour exploitation and sets out the penalty of of 20 years imprisonment, or life imprisonment where there are aggravating circumstances, and fines.
Corporate criminal liability Criminal liability Forced labour Human trafficking Slavery
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18 U.S.C. § 1592
United States Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This provision criminalises the confiscation, destruction or other interference with documents such as passports or identification documents, in the course of committing trafficking offence or in order to restrict the liberty of a victim of trafficking or forced labour to move or travel.
Abuse of vulnerability Criminal liability Forced labour Human trafficking Retention of travel and identification documents
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18 U.S.C. § 1593
United States Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This section provides that the court shall order defendants to pay restitution to victims of trafficking, peonage, slavery, involuntary servitude, or forced labour. The restitution is to be for the "full amount of the victim's ...
Civil liability Compensation Criminal liability Debt bondage Forced labour Human trafficking Slavery
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18 U.S.C. § 1593A
United States Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section1593 A criminalises the act of knowingly benefitting from participation in a venture which has engaged in any act in violation of section 1581(a), 1592, or 1595(a), knowing or in reckless disregard of the fact that the ...
Corporate criminal liability Criminal liability Forced labour Human trafficking Retention of travel and identification documents Slavery
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18 U.S.C. § 1594
United States Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
Section 1594 sets out a number of ancillary offences relating to trafficking, forced labour and slavery, including both attempts to commit these offences and conspiracy to commit these offences. This section also provides ...
Criminal liability Forced labour Group or joint liability Human trafficking Proceeds of crime Slavery
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18 U.S.C. § 1595
United States Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This section establishes a civil remedy for trafficking offences, which enables victims of human trafficking to recover damages, including punitive damages, and legal fees.
Civil liability Compensation Human trafficking
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18 U.S.C. § 1596
United States Law / Criminal Liability for Human Trafficking, Forced Labour and Slavery
This section establishes extra-territorial jurisdiction over trafficking, forced labour and slavery offences, where either (1) the alleged offender is a US national or permanent resident, or (2) where the alleged offender is ...
Corporate criminal liability Criminal liability Forced labour Human trafficking Slavery
United States / Transparency in Supply Chains Act (California)
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Section 3
United States Law / Transparency in Supply Chains Legislation
This section imposes a duty on retail sellers and manufacturers doing business in California and with gross receipts of over $100 million to disclose its efforts to eradicate slavery and human trafficking from its direct supply ...
Transparency in supply chains