- BYD contractor Jinjiang imposed restrictive labor conditions on Chinese workers
- BYD denies knowledge of labor violations, claims unawareness until media reports
- BYD and Jinjiang face charges for obstructing Brazilian labor investigation
The workers who traveled from China to northeast Brazil to build a new factory for electric car maker BYD earned roughly $70 per 10-hour shift, over twice the Chinese hourly minimum wage in many regions. For many, that made signing up an easy decision - but getting out would be much harder.
The Chinese workers hired by BYD contractor Jinjiang in Brazil had to hand over their passports to their new employer, let most of their wages be sent directly to China, and fork over an almost $900 deposit that they could only get back after six months’ work, according to a labor contract seen by Reuters.
The three-page document, signed by one of 163 workers who labor inspectors said were freed from “slavery-like conditions” last month, includes clauses that violate labor laws in both Brazil and China, according to Brazilian investigators and three Chinese labor law experts.
Other previously unreported clauses gave the firm the power to unilaterally extend the labor contract for six months and issue 200 yuan fines for conduct such as swearing, quarreling or walking around shirtless at the site or in their living quarters.
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Many of the clauses “are textbook ‘red flags’ of forced labor,” said Aaron Halegua, a lawyer and fellow at New York University Law School, who won compensation for Chinese workers who sued their employers for forced labor in the Northern Mariana Islands, a U.S. territory.
He added that withholding workers’ passports or requiring any form of performance bond or security payment would not be permitted under Chinese laws and regulations.