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Brazil

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits “slave labor,” defined as “reducing someone to a condition analogous to slavery,” including subjecting someone to forced labor, debt bondage, exhausting work hours, and labor performed in degrading working conditions.

Many individuals in slave labor, as defined by the country’s law, were victims of human trafficking for the purpose of labor exploitation. The government took actions to enforce the law, although forced labor occurred in a number of states. Violations of forced labor laws are punishable by up to eight years in prison, but this was often not sufficient to deter violations. The law also provides penalties for various crimes related to forced labor, such as illegal recruiting or transporting workers or imposing onerous debt burdens as a condition of employment. Every six months the Ministry of Economy publishes a “dirty list” of companies found to have employed forced labor. In April the updated list included 41 new companies and owners from a range of sectors such as coffee, mining, and fishing boats. The list is used by public and private banks to conduct risk assessments, and inclusion on the list prevents companies from receiving loans from state-owned financial institutions. The Labor Prosecutor’s Office, in partnership with the International Labor Organization (ILO), maintained an online platform that identified hotspots for forced labor. In July the Labor Prosecutor’s Office announced it would start publishing a separate list of individuals and corporate entities convicted of trafficking in persons and slave labor.

The Ministry of Economy’s Mobile Labor Inspection Unit teams conducted impromptu inspections of properties where forced labor was suspected or reported, using teams composed of labor inspectors, labor prosecutors from the Federal Labor Prosecutor’s Office, and Federal Police officers. Mobile teams levied fines on landowners who used forced labor and required employers to provide back pay and benefits to workers before returning the workers to their municipalities of origin. Labor inspectors and prosecutors, however, could apply only civil penalties; consequently, many cases were not criminally prosecuted.

Forced labor, including forced child labor, was reported in jobs such as clearing forests to provide cattle pastureland, logging, producing charcoal, raising livestock, and other agricultural activities. Forced labor often involved young men drawn from the less-developed northeastern states–Maranhao, Piaui, Tocantins, and Ceara–and the central state of Goias to work in the northern and central-western regions of the country. In addition there were reports of forced labor in the construction industry. News outlets reported cases that amounted to forced labor in production of carnauba wax. Cases of forced labor were also reported in the garment industry in the city of Sao Paulo; the victims were often from neighboring countries, particularly Bolivia, Peru, and Paraguay, while others came from Haiti, South Korea, and China.

Media also reported cases of forced labor of domestic workers in wealthy urban households. In June authorities discovered a 61-year-old woman working as a domestic servant under forced labor conditions for a wealthy family in a rich Sao Paulo neighborhood. According to media reports, she had worked without the proper salary, and at times for no salary, for the family since 1998. After several media outlets reported the female employer was an Avon executive, the cosmetic company fired her and posted on social media that they would provide housing for the victim, who would also receive unemployment insurance from the government. The accused couple was arrested and then released on bail. All of their bank accounts and assets were frozen.

In 2019 authorities conducted 45 labor inspections and identified 1,054 victims of slave labor, including 20 child victims of slave labor, compared with 44 labor inspections, and the identification of 1,745 victims of slave labor, including 28 child victims of slave labor in 2018. Officials issued administrative penalties to 106 employers guilty of slave labor, compared with 100 employers in 2018. Between January and June, labor inspectors in the state of Ceara received 26 complaints involving child labor, a 62-percent increase from the same period in 2019. In the view of expert NGOs working in this field, penalties for slave labor were not commensurate with those for other analogous serious crimes, such as kidnapping.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

China (Includes Hong Kong, Macau, and Tibet)

Hong Kong

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law does not prohibit all forms of forced or compulsory labor, nor do laws specifically criminalize forced labor. Instead, the SAR uses its Employment and Theft Ordinances to prosecute labor violations and related offenses. Because labor violations are typically civil offenses with monetary fines, penalties for these offenses were not commensurate with those for analogous serious crimes, such as kidnapping, which violate the crimes ordinance and carry prison terms.

NGOs expressed concerns that some migrant workers, especially domestic workers in private homes, faced high levels of indebtedness assumed as part of the recruitment process, creating a risk they could fall victim to debt bondage. Domestic workers in Hong Kong were mostly women and mainly came from the Philippines, Indonesia, and other Southeast Asian countries. The SAR allows for the collection of maximum placement fees of 10 percent of the first month’s wages, but some recruitment firms required large up-front fees in the country of origin that workers struggled to repay. Some locally licensed employment agencies were suspected of colluding with agencies overseas to profit from debt schemes, and some local agencies illegally confiscated the passports and employment contracts of domestic workers and withheld them until they repaid the debt. In August officials concluded a year-long investigation, arresting and jailing three SAR residents for participating in a predatory loan syndicate involving local Philippine employment agencies.

SAR authorities stated they encouraged aggrieved workers to file complaints and make use of government conciliation services and that they actively pursued reports of any labor violations.

See also the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

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China | Macau | Tibet

India

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, but forced labor, including bonded labor for both adults and children (see section 7.c.), remained widespread.

Enforcement and compensation for victims is the responsibility of state and local governments and varied in effectiveness. The government generally did not effectively enforce laws related to bonded labor or labor-trafficking laws, such as the Bonded Labor System (Abolition) Act. When inspectors referred violations for prosecution, court backlogs, inadequate preparation, and a lack of prioritization of the cases by prosecuting authorities sometimes resulted in acquittals. In addition, when authorities reported violations, they sometimes reported them to civil courts to assess fines and did not refer them to police for criminal investigation of labor trafficking.

Penalties under law varied based on the type of forced labor and included fines and prison terms; penalties were not commensurate with those for analogous serious crimes, such as kidnapping. For example, bonded labor is specifically criminalized under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, which prescribes sufficiently stringent penalties, and the Bonded Labor System (Abolition) Act, which prescribes penalties that were not sufficiently stringent.

Authorities decreased investigations, prosecutions, and case convictions of traffickers and decreased victim identification efforts. NGOs estimated at least eight million trafficking victims in the country, mostly in bonded labor, and reported that police did not file reports in at least half of these cases. Authorities penalized some adult and child victims for crimes their traffickers compelled them to commit.

The Ministry of Labor and Employment reported the federally funded, state-run Centrally Sponsored Scheme assisted 11,296 bonded laborers from June 2016 through February 2020. Some NGOs reported delays of more than one year in obtaining release certificates for rescued bonded laborers. Such certificates were required to certify that employers had held them in bondage and entitled them to compensation under the law. The NGOs also reported that in some instances they failed to obtain release certificates for bonded laborers. The distribution of initial rehabilitation funds was uneven across states. The majority of bonded labor victim compensation cases remained tied to a criminal conviction of bonded labor. Since authorities often registered bonded labor cases as civil salary violations, convictions of the traffickers and full compensation for victims remained rare.

Bonded labor continued to be a concern in many states; however, no reliable statistics were available on the number of bonded laborers in the country. Most bonded labor occurred in agriculture. Nonagricultural sectors with a high incidence of bonded labor were stone quarries, brick kilns, rice mills, construction, embroidery factories, and beedi (hand-rolled cigarettes) production. Those from the most disadvantaged social strata were the most vulnerable to forced labor and labor trafficking.

On March 12, Karnataka law enforcement officials, in cooperation with the state’s human rights commission and a local NGO, rescued 50 bonded laborers from three plantations in Bengaluru. The rescued laborers were all from the Irular tribe (listed in the Schedule Castes and Tribes); at least 15 of those rescued were children. The owners of two plantations were arrested under laws prohibiting bonded labor and trafficking of persons.

In May, 67 bonded laborers were rescued from a brick kiln in Uttar Pradesh with the assistance of the NHRC and NGO Justice Ventures International. The rescued workers included women and children and were returned to their villages in Bihar.

In June, 12 members of a vulnerable tribal group in Telangana received compensation of 150,000 rupees (more than $2,000) each under the bonded labor rehabilitation assistance of the central government. These were part of the 45 bonded laborers rescued from an irrigation project site in 2018.

The Sumangali or “Provident Funds” scheme remained common in Tamil Nadu’s spinning mill industry, in which employers offer a lump sum for young women’s education at the end of multiyear labor contracts, which often amounted to bonded labor.

News media and NGOs reported several instances of migrants and bonded labor abandoned at workplaces without work or financial assistance from their employers during the COVID-19 lockdown. On June 1, the Telangana High Court directed the state government to arrange for food, shelter, and transportation for an estimated 150,000 workers stranded in the 810 brick kilns across the state. The petitioner pointed out that owners were mandated under the Inter State Migrant Workmen Act to arrange for transportation of the migrant workers, but this was not done in the case of brick kiln workers.

Scheduled Caste and Scheduled Tribe members lived and worked under traditional arrangements of servitude in many areas of the country. Although the central government had long abolished forced labor servitude, these social groups remained impoverished and vulnerable to forced exploitation, especially in Arunachal Pradesh.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Macau

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Observers previously noted these penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours. The government investigated trafficking cases (which typically total one or two annually), but there were no convictions during the year.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

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China | Hong KongTibet

Macau

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. Penalties range from three to 12 years’ imprisonment, with the minimum and maximum sentences increased by one-third if the victim is younger than age 14. Penalties generally were commensurate with those for other analogous serious crimes, such as kidnapping. The government did not effectively enforce the law. The government investigated trafficking cases, which typically total one or two annually, but during the year recorded no new investigations. There were no convictions during the year.

Children and migrants were vulnerable to sex and labor trafficking. Migrant construction and domestic workers were vulnerable to exploitative conditions such as recruitment fees, withholding of passports, and debt-based coercion. Victims were compelled to work in the commercial sex industry, entertainment establishments, and private homes where their freedom of movement was restricted, they were threatened with violence, and forced to work long hours.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Russia

Section 7. Worker Rights

b. Prohibition of Forced or Compulsory Labor

The law prohibits most forms of forced or compulsory labor but allows for it as a penal sentence, in some cases as prison labor contracted to private enterprises.

The government was not effective in enforcing laws against forced labor, and there was a government policy or pattern of forced labor. Prescribed penalties for violations were commensurate with those for other serious crimes. Instances of labor trafficking have been reported in the construction, manufacturing, logging, textile, and maritime industries, as well as in saw mills, agriculture, sheep farms, grocery and retail stores, restaurants, waste sorting, street sweeping, domestic service, and forced begging (see section 7.c.). Serious gaps remained in protecting migrant laborers, particularly from North Korea, who generally earned 40 percent less than the average salary. Migrant workers at times experienced exploitative labor conditions characteristic of trafficking cases, such as withholding of identity documents, nonpayment for services rendered, physical abuse, unsafe working conditions, and extremely poor living conditions.

Under a state-to-state agreement in effect since 2009, North Korean citizens worked in the country in a variety of sectors, including the logging and construction industries in the Far East. In order to comply with the 2017 UN Security Council Resolution prohibiting the employment of North Koreans, Russia has largely eliminated North Korean laborers working in the country legally and continues to affirm its commitment to do so. The country failed, however, to return all North Korean workers by the December 2019 UN deadline and claimed that North Korea’s closing of its borders due to the COVID-19 pandemic hindered the effort. The Ministry of Internal Affairs was believed to have manipulated its publicly available data on the number of North Koreans working in the country. Observers believed a significant number of North Koreans entering the country on student, tourist, and “other” visa categories since the introduction of UN sanctions came to work rather than their stated purpose of travel, especially in the Far East.

Authorities failed to screen departing North Korean workers for human trafficking and indications of forced labor.

There were reports of forced labor in the production of bricks, raising livestock, and at sawmills, primarily in Dagestan. While both men and women were exploited for forced labor in these industries in the Northern Caucasus region, victims were primarily male job seekers recruited in Moscow.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Tibet

Section 7. Worker Rights

See section 7, Worker Rights, in the Country Reports on Human Rights Practices for 2020 for China.

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China | Hong Kong | Macau

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The Lessons of 1989: Freedom and Our Future