In a world that values human rights and personal freedoms, the right to be free from forced labor or exploitation is incredibly important. This right is a fundamental rule in laws and ethics, making sure that nobody is made to work against their will.
What is involuntary servitude?
Involuntary servitude is the condition where one is compelled by force, coercion, or imprisonment, and against his will, to labor for another, whether he is paid or not.1
What are some of the exceptions to the prohibition against involuntary servitude?
In the following cases, the prohibition against involuntary servitude does not apply:
- Posse comitatus – obligation of the individual to assist in the protection of the peace and good order of his community;2
- Appellate courts may compel a former court stenographer to transcribe stenographic notes. That prerogative is ancillary or incidental to its appellate jurisdiction and is part of its inherent powers which are necessary to the ordinary and efficient exercise of its jurisdiction and essential to the due administration of justice;3
- Naval enlistment;4
- Service in Defense of the State;
- As punishment for a Crime whereof one has been duly convicted; and
- Obligation of children to Obey their parents as long as they are under their parental authority.
- Return to Work order in industries affected with public interest.5
What is peonage?
It is the restraint of the individual so he can be compelled to work for another, be it the government or a private party,
What is debt bondage?
It refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.
Source:
The 1987 Philippine Constitution
The Labor Code
R.A. No. 10364, otherwise known as Expanded Anti-Trafficking in Persons Act of 2012
- Aclaracion v. Gatmaitan, G.R. No. L-39115, May 26, 1975 ↩︎
- United States v. Pompeya, G.R. No. 10255, August 6,1915 ↩︎
- In the Matter of the Petition For Habeas corpus of Segifredo Aclaracion, G.R. No. L-39115, May 26, 1975 ↩︎
- Robertson v. Baldwin, G.R. No. 334, January 25, 1897 ↩︎
- Kaisahan ng Manggagawa sa Kahoy v. Gotamco Sawmills, G.R. No. L-1573, March 29, 1948 ↩︎
