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Labor Exploitation

What counts as labor exploitation?

Forcing someone to work or using their labor under unfair conditions by abusing their vulnerability.

Is low wage exploitation?

Not necessarily, if agreed upon. It becomes exploitation if wages are disproportionately low compared to work, combined with coercion.

Can my business be shut down?

Yes, legal entities can face criminal liability, including liquidation or suspension of activities.

How to defend against charges?

Maintain proper employment contracts and proof of salary payments to demonstrate compliance.

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Labor Exploitation Defense

Labor exploitation involves employing someone under inhumane conditions, for meager pay, or without pay, often by taking advantage of their vulnerable position. While often linked to human trafficking (Article 143-1) in criminal contexts, it also encompasses gross violations of the Labor Code. Businesses, particularly in agriculture, construction, and hospitality, often face allegations of "exploitation" when employing migrant or low-skilled labor. The line between lawful employment and exploitation lies in consent and fair conditions. Accusations of exploitation can lead not only to criminal liability but also to reputational destruction and financial sanctions for the company.

What Does This Service Cover?

Lawyers listed on Legal.ge offer defense against exploitation charges:

  • Contract Audit: Reviewing existing contracts to ensure terms comply with the Labor Code of Georgia and lack exploitation indicators.
  • Refuting Abuse of Vulnerability: Proving that the employee was not in a vulnerable position abused by the employer, and the relationship was mutually beneficial.
  • Proof of Payment: Systematizing payroll records and bank transfers to demonstrate that labor was compensated.
  • Court Defense: Protecting company interests in both criminal and civil proceedings.

Common Scenarios and Real-World Situations

Exploitation charges are common in:

The first scenario is "Migrant Workers." A company hires foreigners for low wages. Local law protects their rights equally. Discriminatory treatment can be deemed exploitation.

The second scenario is "Excessive Overtime." Employees working 12+ hours without breaks. If systematic and unpaid, this is exploitation.

The third case is "Informal Sector." Employment without contracts and cash-in-hand payments, often lacking social guarantees.

Georgian Legal Framework

Regulations:

  • Labor Code of Georgia: Prohibits discrimination and sets minimum standards.
  • Criminal Code: Article 143-1 defines exploitation within the trafficking context.

Service Process Step-by-Step

  1. Charge Review: Is the accusation based on facts?
  2. Documentation: Presenting contracts and timesheets.
  3. Witnesses: Interviewing other staff about the work environment.
  4. Court: Fighting for acquittal.

Why Use Legal.ge?

Exploitation charges damage business. Our lawyers help prove your operations are legal and respectful of human rights.

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Specialists for this service

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