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Forced Labor Defense

Is holding an employee''s passport illegal?

Yes, confiscating identity documents is a major indicator of human trafficking as it restricts freedom of movement.

Can I force an employee to work off a debt?

No, "debt bondage" is illegal. Labor must be voluntary. Debts should be collected through civil court, not forced labor.

What is the penalty for forced labor?

Prison sentences range from 7 to 12 years, increasing to 15 years or life under aggravating circumstances.

Difference between bad working conditions and trafficking?

Trafficking involves coercion, fraud, or force to exploit someone. Bad conditions alone may just be labor law violations.

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Forced Labor and Trafficking Defense (Article 143-1)

Forced labor, often equated with human trafficking, is a grave crime under Georgian legislation (Articles 143-1 and 143-2 of the Criminal Code). It involves the exploitation of a person through force, threat, coercion, or deception. Employers, farmers, or families hiring domestic staff may face such charges if they mismanage labor relations. For instance, confiscating a passport for "safekeeping," withholding wages to cover a debt, or forcing someone to work under conditions not agreed upon in the contract can be qualified as forced labor. This crime carries severe penalties—imprisonment from 7 to 12 years or more. Defense in these cases requires extreme caution, as public interest is high, and the victim''s testimony is often decisive.

What Does This Service Cover?

Lawyers listed on Legal.ge offer strategic defense against trafficking and forced labor charges:

  • Detailed Charge Analysis: Examining whether there was actual coercion or if it was a voluntary agreement that later escalated into a conflict.
  • Verifying Witness and Victim Statements: Trafficking cases often rely solely on victim testimony. The lawyer works to identify inconsistencies and find alternative witnesses.
  • Establishing Nature of Labor Relations: Proving that the "victim" had freedom of movement, received payment, and could leave the job at any time.
  • Distinguishing Civil Disputes: Often, wage disputes or debt issues are incorrectly qualified as trafficking. The lawyer aims to shift the case to civil litigation.

Common Scenarios and Real-World Situations

Forced labor charges can arise from:

The first scenario is "Passport Confiscation." An employer takes a foreign worker''s passport to renew a visa but delays returning it. The employee views this as restriction of freedom and contacts the police.

The second scenario is "Debt Bondage." A worker takes an advance, and the employer forces them to work until the debt is fully repaid, forbidding them from quitting. This is a classic sign of debt trafficking.

The third case is "Domestic Help." A family brings a helper from a village or abroad, restricts their outings, and makes them work overtime without pay.

Georgian Legal Framework

Defense is based on:

  • Criminal Code of Georgia: Article 143-1 (Human Trafficking) and Article 143-2 (Use of Services of a Victim of Human Trafficking).
  • Law on Combating Human Trafficking: Defines the concept of exploitation and victim status.

Service Process Step-by-Step

  1. Arrest and First Appearance: Detention is common for trafficking charges. The lawyer fights for bail.
  2. Evidence Collection: CCTV footage (to prove freedom of movement), bank statements (to prove wage payments).
  3. Victim Cross-Examination: Challenging the credibility of testimony in court.
  4. Verdict: Fighting for acquittal or reclassification (e.g., to labor law violations).

Why Use Legal.ge?

A trafficking charge is devastating for reputation and carries the heaviest penalties. On Legal.ge, find lawyers experienced in these complex and sensitive cases. Protect your freedom with professional help.

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