PUTTING A PRICE ON THE COST OF FORCED LABOR



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PUTTING A PRICE ON THE COST OF FORCED LABOR



1. Before you listen to the following broadcast match the key words and expressions in the left column with their translation in the right one.

1. forced labor 2. to be denied in wages 3. International Labor Organization (ILO) 4. coercion 5. market rate 6. overtime work 7. trafficking a) торговля запрещённым товаром b) принудительный труд c) отказывать в заработной плате d) сверхурочная работа e) Международная организация труда, МОТ (агентство ООН по улучшению условий труда путем установления стандартов занятости, оплаты труда и т.п.) f) принуждение; ограничение ( свободы ); насилие g) рыночная ставка

 

Listen to the text; answer the questions below using the abovementioned key words.

1. What are the major reasons for forced labor market existence? The ILO report gives two main reasons for what is called “the cost of coercion.” What are they? Describe them briefly.

2. What does “human trafficking” mean? What are a year profits from trafficking in accordance with the official reports?

3. Most countries have laws that make forced labor a serious crime. What is the effect of legal measures on forced labor nowadays?

4. Which countries and social levels are mostly involved in the problem of forced labor? Give some examples from the text subject to this problem.

5. Why would people take a chance on getting involved with forced labor? What is ILO opinion subject to this problem? What is your own point of view? Prove it.

Listen to the text again; check your answers; name the main idea and retell the story.

II. Here is an example of an employment agreement Read and translate the following text and be ready for their discussion on the basis of active vocabulary, key terms quiz, review and discussion questions.

 

I N D I V I D U A L

EMPLOYMENT AGREEMENT

“North Star Limited” (Cyprus), being a legal entity duly incorporated and registered in accordance with the laws of the Republic of Cyprus, hereinafter referred to as “the Employer”, from the one party and the citizen of the Russian Federation ____________________________, hereinafter referred to as “the Employee”, from the other party, have hereby entered into the present Agreement as follows:

1. Subject of the Agreement

1.1. The Employer hereby shall entrust and the Employee shall undertake to perform entrusted labor functions for agreed remuneration.

1.2. The Employee shall be employed to assume position of ______________________ with place of the work – MODU_______.

1.3. The Employer shall have the right to direct or assign the Employee during his performance hereunder to any place other then MODU ____________ if and whenever this may be required.

1.4. The term of the Agreement shall be limited to a period as from June 1, 2008, to May 31, 2009, both dates inclusive.

2.Wages

2.1. The Employee shall be entitled to salary in amount of ________ per month.

3.Rights and Responsibilities of the Parties

3.1. During the period of the present Agreement an Employee shall:

3.1.1. Duly fulfill his duties arising from his position according to and in compliance with the Personnel Responsibilities List and other expressed acts of original shipowners, disponent owners, operator, the Employer and its Agent under the terms and conditions of this Agreement. The Employer shall have the right to enlist the Employee at other services from time to time;

3.1.2. Indubitably fulfill orders of superior Offices of the Employer and/or Agent in relation to the Employee’s ranking position;

3.1.3. Protect interests of the Employer and/or its Agent, Operator in connection with the third parties;

3.1.4. Comply with the Employer labour regulations

3.1.5. Follow the requirements in connection with the safe navigation, safety rules, sanitary and hygiene regulations;

3.1.6. Cautiously regard for the property of the Employer and/or Agent, Operator, ship’s particulars and items entrusted to the Employee in the course of his duties;

3.1.7. Comply with the work quotas prescribed by the Employer and/or Agent, Operator;

3.1.8. Not divulge to any third parties any confidential information related to the Employer, Agent and Operator.

3.2. Any arranged and committed strikes and other forms of labour protest or any other influence over the Employer, Agent or Operator in violation of the prescribed procedure shall be prohibited.

· No alcohol usage is allowed on board the Vessel whether the Employee is on duty or not.

· No drugs or toxic substances usage is allowed on board the Vessel.

· No admittance on board the Vessel is allowed in the state of alcohol, drug or toxic intoxication.

· No storing and transporting of alcohol, drug and toxic substances are allowed.

3.3. During the period of the present Agreement Employer shall:

3.3.1. Ensure the Employee with working conditions according to International Standards;

3.3.2. Ensure safety, sanitary and hygiene compliance;

3.3.3. Fulfill other obligations hereunder.

4.Working Time

4.1. Working hours for the Employee shall be 12 hours per day.

4.2. The Employer shall have the right to enlist services of the Employee in excess of the normal working hours without extra payment provided these services required in connection with emergency or urgent operations, including the following:

a) emergency in connection with elimination of repair condition of the Vessel and elimination of the damages and faults of the Vessel’s hull, power plant during the sailing which prevents ongoing sailing until the nearest port, salving of life and Vessel, Vessel’s property and cargo, as well as salvage services rendered to other Vessels and people in distress;

b) services in connection with storm, extra lashing and securing of the Vessel’s items and cargo, putting up and putting down of the sails and tents, extra moorings and shifting the Vessel into safe place;

c) services in connection with freeing of the Vessel off the grounds and pumping off fuel and discharging cargo to lighten the Vessel in distress;

d) services in connection with fire fighting on board the Vessel, on the tows and adjacent vessels;

e) services in connection with complicated navigation requiring extra watches;

f) services in connection with entering the port or sailing from the port, opening and closing the cargo hatches, arrangements of ladders, walk boards, mooring and unmooring, anchor heaving;

g) services in connection with custom and other formalities;

i) services in connection with shifting the Vessel within anchorage or port limits, excluding the vessels assigned for the operation at anchorage or within port limit.

6.Time, Leave

6.1. The Employee is entitled to at least 8 continues hours of time off within 24 hours period.

6.2. In case of severe illness / death of the relative and on other compassionate grounds the Employer may provide the Employee with the leave without pay.

6.3. The Employee shall be entitled to annual paid vacation leave for __28_____ calendar days. Unused annual paid leave cannot be carried forward and shall not be compensated.

6.4. The Employer assumes or compensates to the Employee all costs and expenses pertinent to: traveling at the time of vacation leave of the Employee and one of his/her family members within the territory of the Country of the Employee domicile as per actual but never exceeding USD 800 per person per year; the Employer compensates the cost of education of the Employee’s children in educational institutions of a profile major as per actual but never exceeding USD 1000 per child per annum.

7.Warranties and Compensations

7.1. Should the Employee suffer general or professional decease or injury occurred aboard the Vessel and as such is required corresponding medical treatment the Employer shall undertake all necessary expenses of the required medical treatment including surgery and hospitalization until he fully recovers his working capability or obtains the degree of disability in compliance with regulations of the country of Employee’s domicile.

7.2. The Employer shall keep the wages payable for the Employee at the rate of 100% of wages rate within the period of temporary disability but not exceeding 45 days under condition that the Employee proves his temporary disability by relevant documents issued by the medical institutions of the country of the Employee’s domicile.

7.3. During the period of the Seafarer’s decease or injury through the Employer's fault established by the ship’s accident investigation board, the Seafarer shall be entitled to keep his wages until he fully recovers or obtains the degree of disability in compliance with regulations of the country of Employee’s domicile. The Employee shall have no right to obtain the compensation for the decease or injury in the event of the Employee committing suicide or being guilty of willful negligence.

7.8. Should the Vessel where the Employee engaged be ordered to proceed to the zone declared by Lloyds as the war zone, the Employer shall:

a) Inform the Employee about the Vessel’s proceeding to the war zone;

b) Pay in addition to the salary the day rate indicated in sub-clause 7.7 hereto for every day of being in the war zone;

c) Pay compensation in case of death, wound, disability of the Employee resulted from being in the war zone at the double rates stipulated in this Agreement;

d) In the event of the Employee’s death, pay his/her relatives indicated in sub-clause 7.7 here above the cost of damaged or lost personal effects.

7.9. The Employee shall have the right to refuse to be engaged in the war zone.

7.10. The Employer shall guarantee to insure its liability against the Employee in compliance with this Agreement.

8.Labor Discipline

8.1. Any non fulfillment or non proper fulfillment of obligations by the Employee including by reason of not proper qualifications, lack of sufficient experience and skills and knowledge shall be understood as breaching of labour discipline.

8.2. Any breach by the Employee of the internal labour regulations without sound reasons shall be understood as breaching of labour discipline. Employee’s failure to comply with instructions of superiors as well as those of Agent in connection with the Employee’s duties shall be understood as breaching of the discipline.

8.3. Any failure to comply with subordination of the Employee towards the higher rank employee of the Employer shall be understood as breaching of the labour discipline. Single usage of alcohol drinks on board the Vessel by the Employee, whether he is on duty or not, shall be understood as breaching of the Labour Discipline.

Single usage of drug and toxic substances shall be understood as breaching of the Labour Discipline.



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