Summary of Key Points
This article focuses on the hot topic of the United States imposing additional tariffs under the pretext of "forced labor," explaining the definitions and criteria for forced labor established by the International Labor Organization (ILO) as well as those in the United States and Europe. It analyzes the differences between these regions regarding whether the 996-hour workweek constitutes forced labor, lists typical behaviors that clearly qualify as such, and warns companies operating overseas to pay attention to supply chain compliance and employee rights to avoid sanctions.
Detailed Interpretation
1. The core of forced labor: It's not just about physical coercion
Many people associate forced labor with scenes from "slave plantations" or "gladiatorial arenas," but international regulations define it more practically: the key elements are two—being unable to leave despite not wanting to, due to means of control over the individual.
For example, if a company holds your passport and prevents you from returning home, or refuses to pay you three months' worth of salary if you do leave, this meets the criteria of "involuntary participation + threat of punishment." In essence, forced labor is about denying the right to choose, not solely relying on violence.
2. Is a 996-hour workweek considered forced labor? Different answers in the US and Europe
Although many people complain about the 996-hour workweek, whether it is legally classified as forced labor depends on the region:
- United States: No. The US considers it merely "illegal overtime," as you can resign if you don't want to work (as long as your ID isn't withheld and you're not locked in the factory), which does not meet the requirement of "forced retention."
- European Union: It may be considered forced labor. The EU uses ILO standards; if you work more than 36 hours per month (a limit also stipulated by Chinese labor law) and face additional penalties such as bonus deductions or layoffs for not working overtime, it can be classified as forced labor. If a product is targeted by the EU, it may be banned or even destroyed across the entire Union.
For instance, if a company does not pay overtime wages and fires employees for not working overtime, this could be problematic under EU regulations.
3. These behaviors are definitely considered forced labor:
The following actions are unequivocally classified as forced labor anywhere:
- Withholding documents/restricting freedom: Overseas construction companies may withhold workers' passports and require high fees to be released; factories may manage their premises in a way that prevents workers from leaving freely.
- Using work to repay debts: Employers may charge high training or travel fees at the time of hiring, then deduct these from wages to settle debts, leaving workers unable to leave without paying them off.
- Threatening education/work opportunities: Vocational schools may force students to intern in hazardous, low-paying factories; companies may fire employees for not working overtime.
These practices all use various means to compel workers to work, directly violating international labor standards.
4. Tips for companies operating overseas: Avoid common pitfalls
Nowadays, the EU and US use forced labor as a tool for sanctions (such as imposing tariffs or seizing goods). Companies operating overseas should avoid these issues:
- Do not withhold documents: A South American supplier was fined by the local government for withholding Chinese workers' passports, which affected its business.
- Do not burden workers with debts: Charging high fees to intermediaries and then deducting them from wages to settle debts can attract attention from supply chain auditors.
- Protect employee rights: Previously, US clients might have requested air conditioning in factories; now this is seen as a matter of compliance (ESG – Environmental, Social, and Governance) requirements. Failing to meet these standards can prevent products from being sold and damage the company's reputation.
In summary, the definition of forced labor is more detailed than we might think. Companies operating overseas must take employee rights seriously; otherwise, they could face significant issues due to seemingly minor details. For ordinary workers, if they encounter situations such as document withholding or unpaid overtime, they can seek legal protection.