The Book of Prof Shad.docx

The term life does not refer to mere animal existence

Info icon This preview shows pages 36–38. Sign up to view the full content.

The term ‘life’ does not refer to mere animal existence but includes the dignity of life. Third, if under the authority of law, the functions of one public authority are transferred to another public authority, Article 6(4) permits the transfer of employment of workers from the first public authority to the second. The second authority is substituted for the first in the contract of employment. This type of compulsory ‘secondment’ is, however, not available in the private sector or between a public authority and a private sector entity. In actual practice secondments are never forced. Workers are almost always given an option whether to transfer to the new authority or not. Often some incentives are offered. Old evils in new forms: To the extent that slavery means ownership of one human being by another, this institution is obviously a matter of the past. But we must remember that history rarely evolves in a linear fashion. It moves in circles or spirals. Institutions and ideas rarely die; often they re-emerge to haunt the present. In the crevices and unlit paths of many otherwise enlightened societies, slavery and forced labour exist in modified and milder forms. In feudal societies with concentration of agricultural land in the hands of landlords, indentured labour and serfdom have replaced slavery. The bonded individual is almost always a dependent peasant who is obliged to perform services to pay off a debt or settle arrears of rent on leased land. During the period of debt-bondage, he is not free to leave. During the colonial period, unskilled and uneducated ‘coolies’ were imported as contract labourers for a period of indenture. In our time blue collar workers from abroad are often forced by middle men – the tekongs – to surrender the first few months’ salary to the tekongs . A few years ago, there was news of an estate in the hinterland of Pahang where workers lived in sub-human conditions and 36
Image of page 36

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

were allegedly paid salaries in coupons that were exchangeable with goods from the estate provision shop. This was clearly in violation of section 25 of the Employment Act, which requires wages to be paid in legal tender. The sex industry exploits millions of women and children for commercial sex and buys and sells them like chattels. According to a UNICEF report, India, U.S.A. and Thailand are the worst afflicted with 400,000, 325,000 and 200,000 victims respectively. Wherever the caste system lingers, it condemns the ‘untouchables’ to the lowest of the lowly professions. Feminists point out that unpaid domestic work constitutes a form of slavery. A male-biased legal system adroitly defines ‘employment’ in such a way as to exclude labour in the home. Around the world domestic servants face long hours of work without the rights and safeguards available to other workers. In the American case of U.S. v Ingalls (1947) a California couple was convicted of enslaving a domestic maid because her person and her services were wholly under the control of her employer.
Image of page 37
Image of page 38
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern