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October 24, 2024There are no special laws or exemptions from regular labor laws in export processing zones. The law prohibits forced and compulsory labor and contains provisions relevant to forced labor and trafficking for labor purposes; however, there were reports that such practices occurred. Punishment for forced labor offenses under the criminal code ranged from an administrative fine to a maximum of three years’ imprisonment, which was deemed “insufficiently dissuasive” by the International Labor Organization’s Committee of Experts on the Application of Standards. In May a forced labor case at a brick kiln in Anhui Province was exposed. In February two persons who admitted imprisoning and beating workers (resulting in the death of an elderly worker) at their illegal brickyard in Shaanxi were sentenced to 18 months and 12 months (suspended for two years), respectively, in prison. According to local press accounts, police rescued 32 persons with mental disabilities, who had been forced to work as slave laborers, from brick kilns in Zhuanji and Guangwu townships and arrested 10 persons. Forced labor remained a serious problem in penal institutions. Many prisoners and detainees in RTL facilities were required to work, often with no remuneration. These facilities often operated under two different names: a prison name and a commercial enterprise name. In addition, there were credible allegations that prisoners were forced to work for private production facilities associated with prisons. The Ministry of Justice cooperated with international officials to investigate an allegation of exported prison labor goods, allowing visits to a prison facility to investigate allegations that prison-made goods were being exported. There was no effective mechanism to prevent the export of goods made under such conditions. Information about prisons, including associated labor camps and factories, was tightly controlled. These practices often prevented workers from exercising their right to leave their employment and made them vulnerable to forced labor. There were reports that employers withheld wages, or required unskilled workers to deposit several months’ wages, as security against the workers departing early from their labor contracts. However, implementation of new labor laws, along with workers’ increased knowledge of their rights under these new laws, reportedly reduced these practices. The law prohibits the employment of children under the age of 16, but child labor remained a problem.
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