Modern Slavery Act Analysis: Corporate Liability & Scope

This assignment entails a thorough examination of the UK's Modern Slavery Act (2015), with a focus on its provisions regarding forced labour prevention and corporate liability. Students are required to critically analyze the act's effectiveness, evaluate whether it goes far enough in addressing modern slavery issues, and assess its impact on supply chain management practices. The assignment encourages students to explore relevant case studies, academic articles, and news sources to support their analysis.

CORPORATE LIABILITY
UNDER PROPOSED
MODERN SLAVERY ACT

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK...............................................................................................................................................1
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Modern Slavery Act 2015 consist some rules and policies related to working conditions of
labours. All companies are bound to comply with such rules which are imposed on them. No
firm can conduct exploitation with their employees because such activity is considered as
wrongful act 1. This act is able to encourage or define corporate responsibility regarding human
trafficking as well as exploitation of labour. No company can recruit child labour at their work
place. The present report consist information related to conditions of slave labour or child labour
in manufacturing firm.
TASK
Corporates are responsible to follow rules of Modern Slavery Act 2015 which imposed
restrictions on them for not to appoint child labour at work place. The person who attain the age
of 18 years is called as child. No child can do work at any premises whether it is manufacturing
company, construction or any other form of firm. If legal authority found that company
employed child labour than they can imposed penalties along with imprisonment on owner of the
firm equal to mentioned under law. Such activities are not enforceable by law. Also legal
authorities are bound to check each and every premises on regular basis in order to ensures or
reduce such function 2. This act is able to eliminate recruitment of slave workers which is
beneficial for entire society. Different legislations mentioned under legal term which are helpful
protect interest of people and secure their rights as well. In 2015 this has been introduced by
Government of UK in order to protect interest of people and maintain their performance as well
in international market. MSA having impact on business organization because it bound company
to follow such rules in effective manner. As per section 54 of this act restrict business to reduce
rate of human trafficking and slave labour. This is one of the first act which can control such
acts. Cited act has been introduced by Independent Anti-Slavery Commissioner for the purpose
of maintain transparency in business functions.
1 Davidson, Julia O'Connell. Modern slavery: The margins of freedom. Springer, 2015.
2 Gold, Stefan, Alexander Trautrims, and Zoe Trodd. "Modern slavery challenges to supply
chain management." Supply Chain Management: An International Journal 20.5 (2015):
485-494.
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The government of UK seeks to analyses changes after implementation of MSA. This is
considered as latest legal authority’s initiative tom protect people from exploitation and slavery
person. Through which strict liabilities create on business if they support clave labour and recruit
child labour. Person who not attain age of 18 years are considered as child. Such person is not
able to do hazardous act which is considered as wrongful act under provision of law. Legal
bodies responsible to frame some plans and strategies in order to tackle exploitation at the
workplace 3. Thus, plans and strategies needs to be implement in effective manner. Through they
can attain target and reduce rate of clave labour. This function is helpful for positive
development of the country.
INTRODUCTION OF MODERN SLAVERY ACT 2015
Parliament of United Kingdom has been introduce Modern Slavery Act 2015 in order to
tackle slavery in entire country and try to consolidate other previous offences which are related
to human trafficking as well as slavery 4. The draft form and delivered in year 2013 and it receive
Royal Assent for become law in year 26 March of 2015. It has been designed for convey
message to criminals that if they are engaged in wrongful act than they are arrested and imposed
penalties on them equal to mentioned under law. This act contained large number of provision
related to human trafficking as well as slavery, reduce recruitment of child labour in any business
organization, restrict companies not to involve in such activities and much more. Section 2 of
this act define provisions of human trafficking. This is wrongful act which is increase as day
passes. In which child and other persons are suspected and transfer them form one place to
another for some specific purpose. The person conduct such act is considered as criminal under
this act and court is responsible to imposed penalties on them and also they are responsible
imprisonment. If they conduct act with wrongful intention than such activity has been covered
under section 4 of this act. But Government defines list of different circumstances under section
3 of Modern Slavery Act 2015. In such situations person provide various services through
3 Chuang, Janie A. "Giving as Governance: Philanthrocapitalism and Modern-Day Slavery
Abolitionism." UCLA L. Rev. 62 (2015): 1516.
4 THE UK’S MODERN SLAVERY ACT AND CORPORATE LIABILITY: DOES IT GO
FAR ENOUGH?. 2017. [Online]. Available through:
<https://www.globalbankingandfinance.com/the-uks-modern-slavery-act-and-corporate-
liability-does-it-go-far-enough/>. [Accessed on 21st September 2017].
2

deception, threats as well as force. In such condition the act is not become wrongful act but
enforceable by law. The main objective of this act is to provide proper protection to people and
main their performance as well.
PRESENT CONDITION OF SLAVE LABOURS
In this present time large number of people worked as forced labour in many companies
and working on hazardous machines which is dangerous for their health and it create mental
pressure on them 5. Approximately 20.9 billion people worldwide are worked as forced labour.
Through which businesses earn around 150 billion dollars' annually which is considered as
illegal profit.
On the basis of above figure it has been stated that exploitation of forced labour is
increased day by day. Large number of firms are involved in this function. All types of
companies are involved in such process such as manufacturing, entertainment, construction
5 Novak, Daniel A. The wheel of servitude: Black forced labor after slavery. University
Press of Kentucky, 2015.
3
Illustration 1: Forced labour: Facts and figures, 2017

business, agriculture sector and much more. All these firms involve hazardous work which
women and child labour are not able to do that. Specially in manufacturing firm hazardous
machines are opted which are used for the purpose of production. Companies appoint women
and child to work upon it and misuse their strength. There are several laws has been framed
which restrict companies not to appoint child and women for work upon dangerous machines.
The current situation of this situation not good which is proved from the above mentioned figure.
Around 4.5 million are victims who are involved in forced sexual exploitation. Government of
UK is responsible to take action against such person who done such wrongful act. Huge penalty
and greater imprisonment imposed on them. Huge number of women are become target of sexual
harassment every year 6. Labour done work which are allotted to them in order to earn some
money. And through which organizations are able to earn huge illegal profit. In that case workers
having right to file case against entities which are involved in manufacturing or any other
purpose. Organization not provide payment to slave labour as per their efforts and companies
purchase and sale slave labour from one place to another. No remuneration has been fixed for
them. Firms only give them food of cheap quality no money for their efforts. Child trafficking is
increases as the day passes in order to use their strengths and earn better profit. Large number
person or firm are involving in such process. They do misuse of children and exploit their rights
as well. The above mentioned figure is introduced in year 2014 which define actual position of
forced labour in country.
FUNCTIONS OF MODERN SLAVERY ACT 2015
Modern Slavery Act 2015 is beneficial for the entire country. There are various types of
functions performed by this act in order to reduce rate of exploitation of human rights. It
provides equal protect to people without any discrimination through protect interest or rights of
people. Able to eliminate conflicts which arise among organizations. Different functions of this
act are as aligned below-
6 Tallant, Harold D. Evil Necessity: Slavery and Political Culture in Antebellum Kentucky.
University Press of Kentucky, 2015.
4

Consolidate existing offences- This act is helpful for consolidate as well as simplify
present or existing offences into one act 7. After this cases can be resolve through one act only.
Judge have to analyse only one act rather than different.
Court's ability- Cited act is able to enhance ability of different courts in order to put
restrictions in people and businesses. It has been defining that it is necessary to protect rights of
people from any type of harm which is caused by slavery offences.
Appointment- Legal authorities are responsible to appoint anti-slavery commissioner in
order to improve as well as better coordinate to modern slavery. This is the independent person
who take decision regarding protection of interest of parties.
Introduce rules for victims- Cited law introduce various roles and responsibilities which
are able to defend them from any type of wrongful act. It can protect people from human
trafficking or slavery 8. Government can stop boats in which slaves are suspected and they being
trafficked.
Reduce child trafficking- The main purpose of Modern Slavery Act 2015 is to reduce
exploitation of people and try to enhance their standard of living. Also it is able to place a duty a
duty of secretory for the purpose of define statutory guidance on the services of victims. Through
crimes can reduce from the country.
If individual person doing offence which is not considered as serious offence under act or
it should be related with human trafficking or slavery than person is liable for penalty or
imprisonment under section 45 of this act. On the other hand, if company doing the same act
than it should be considered as guilty in different act.
IMPACT ON SOCIETY
Modern Slavery Act 2015 is having impact on entire country. It can bound companies for
reduce exploitation of employees and provide better opportunities to them as well. They have to
offer better working environment to employees. Section 54(1) of this act require firms supplying
7 New, Steve. "The Transparency in Supply Chains Clause of the UK Modern Slavery Act
(MSA): A Response to the Consultation." Browser Download This Paper (2015).
8 Weitzer, Ronald. "Human trafficking and contemporary slavery." Annual review of
sociology 41 (2015): 223-242.
5

products and services in the country UK which having turnover of 36 million dollars' or more. It
requires to publish an annual slavery as well as human trafficking statement. This act having
impact on both individual and firms which are as aligned below-
On individuals- It mentioned various rules, policies and procedure which are beneficial
for people in order to protect their interest and rights. Members who acts as legal body needs to
educate people in order to aware them about their rights, roles and responsibilities. Government
opted different methods to educate employees and aware then about their right to take against
any person or company 9. This act has been introducing for the purpose of providing protection
to victims.
On firms- Organizations are responsible to follow rules which are imposed on them and
mentioned under law. Members have to frame plans and strategies in order to comply with rules.
Also they are responsible to introduce such laws to their employees.
CHANGES AFTER IMPLEMENTATION OF ACT
Members of every business organization are responsible to implement cited act in order
to maintain their performance in order to maintain their performance in effective manner.
Through which they can protect interest or rights of employees. Through this basic major
changes face by entire country which are beneficial for them. After this no company can appoint
child labour and women for hazardous machine 10. Manufacturing firms opted different types of
big machines which are used for the purpose of production and these are hazardous to work. So
that, children and women are not able to work on such machine and person who work on such
machines then company have to provide proper guidance to them regarding use of them. Also
offer safety equipment while employees are working on dangerous machines. If companies
recruit child and women for work than companies are bound to conduct proper training session
for them in order to enhance their knowledge and improve their skills or capabilities. If firm
9 Ontiveros, Maria L. "Is Modern Day Slavery a Private Act or a Public System of
Oppression." Seattle UL Rev. 39 (2015): 665.
10 Costello, Cathryn. "Migrants and forced labour: a labour law response." (2015).Gilmour,
Rachael, and Bill Schwarz, eds. End of Empire and the English Novel since 1945. Oxford
University Press, 2015.
6

failed to do so than person can filed case against it and receive amount of compensation which
are mentioned under act.
CONCLUSION
From the above report, it is examined that Modern Slavery Act 2015 has been introduced
by parliament in order to eliminate or remove modern slavery from the entire country.
Furthermore, it can bound companies for not to appoint child labour or women for hazardous
work. In case they do so than government lodge case against them and imposed penalties on
them as per mentioned under. Companies generally have to comply with their limited obligation
which are mentioned under provision of law. Such act is able to decrease rate of exploitation of
employees and slavery. Slave labour means person which worked under companies and firm not
provide remuneration as per their rights and efforts. So that, such act can protect their rights and
maintain their performance as well.
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REFERENCES
Books and Journals
Chuang, Janie A. "Giving as Governance: Philanthrocapitalism and Modern-Day Slavery
Abolitionism." UCLA L. Rev. 62 (2015): 1516.
Costello, Cathryn. "Migrants and forced labour: a labour law response." (2015).Gilmour,
Rachael, and Bill Schwarz, eds. End of Empire and the English Novel since 1945. Oxford
University Press, 2015.
Davidson, Julia O'Connell. Modern slavery: The margins of freedom. Springer, 2015.
Gold, Stefan, Alexander Trautrims, and Zoe Trodd. "Modern slavery challenges to supply chain
management." Supply Chain Management: An International Journal 20.5 (2015): 485-
494.
New, Steve. "The Transparency in Supply Chains Clause of the UK Modern Slavery Act (MSA):
A Response to the Consultation." Browser Download This Paper (2015).
Novak, Daniel A. The wheel of servitude: Black forced labor after slavery. University Press of
Kentucky, 2015.
Ontiveros, Maria L. "Is Modern Day Slavery a Private Act or a Public System of
Oppression." Seattle UL Rev. 39 (2015): 665.
Tallant, Harold D. Evil Necessity: Slavery and Political Culture in Antebellum Kentucky.
University Press of Kentucky, 2015.
Weitzer, Ronald. "Human trafficking and contemporary slavery." Annual review of sociology 41
(2015): 223-242.
Online
THE UK’S MODERN SLAVERY ACT AND CORPORATE LIABILITY: DOES IT GO FAR
ENOUGH?. 2017. [Online]. Available through:
<https://www.globalbankingandfinance.com/the-uks-modern-slavery-act-and-corporate-
liability-does-it-go-far-enough/>. [Accessed on 21st September 2017].
Forced labour: Facts and figures. 2017. [Online]. Available through:
<https://www.globalbankingandfinance.com/the-uks-modern-slavery-act-and-corporate-
liability-does-it-go-far-enough/>. [Accessed on 21st September 2017].
8