Prohibition of coercive engagement or employment

Labour202640 sections

Statutory text

(1) No employer or any other person acting under his authority shall.-
- (a) engage or continue to engage any person in a manner that compels such person to render service against his free will or that prevents him from exercising his free will regarding his continuation in the engagement;
- (b) withhold any identity document, original certificate, travel document or personal belongings of an employee, restricting his freedom to leave the employment;
- (c) engage in any practice that treats the employee as a commodity, including the transfer of an employee from one employer to another, without the written and informed consent of the employee.
- (d) indulge or allow any employee to indulge in any discriminatory or coercive workplace practices adversely impacting the dignity of the individual.
(2) Any employee, aggrieved by a contravention of this section, may file a complaint, in person or through his representative in interest, before the Commissioner of Labour, who shall expeditiously inquire into the matter in such manner, as may be prescribed.
(3) Nothing in this section shall prevent an employer from enforcing a lawful notice period or a lawful non-compete clause, that is reasonable in duration, geography and scope.

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