Subjecting a person to forced or compulsory labour

Legal defence in cases of forced or compulsory labour

Subjecting a person to forced or compulsory labour (Article 212 of the Criminal Code) means subjecting a person, outside cases permitted by law, to work against their will or to compulsory labour. The penalty is 1–3 years’ imprisonment; the article does not provide mandatory prohibition of certain rights. Threats, violence or vulnerability may explain the situation but are not mandatory means exhaustively listed by Article 212. In accusations concerning employment relationships, it is important to check the person’s real freedom to refuse or stop working, not merely the formal existence of a contract.

Distinguishing employment disputes from criminal conduct

Distinguishing this offence from an employment dispute requires examining the specific conduct. The contract, wage payments and attendance records are useful evidence but do not automatically exclude work against a person’s will. We examine the genuine possibility of leaving, pressure, retention of documents, living conditions and statements of those involved. Unpaid overtime does not by itself amount to Article 212, but labelling a situation a ‘contractual disagreement’ does not negate proven facts either. We may request documents and interviews, challenge unsupported conclusions and seek correct classification, including distinguishing the conduct from trafficking or slavery where alleged.

Urgent legal assistance in Romania

Accusations of forced labour can seriously jeopardise a company’s operations and its directors’ reputations, with a risk of preventive measures or seizure of company accounts.
The Law Office of Lawyer Basuc Cosmin provides comprehensive legal assistance and support in dealings with criminal investigation bodies and the competent territorial labour inspectorate (ITM). We assist at interviews, rebut abusive or bad-faith complaints by former employees and provide firm representation before competent district courts or higher courts to protect your business, liberty and right to manage commercial activities.