Brazilian labor prosecutors have filed a lawsuit against the Chinese auto manufacturer BYD and two contractors, China JinJiang Construction Brazil and Tecmonta Equipamentos Inteligentes, over allegations of trafficking Chinese workers to build a BYD plant in Camacari, in the northeastern state of Bahia.
Allegations of Degrading Conditions
Prosecutors accused the companies of subjecting workers to "extremely degrading" conditions. In December last year, 220 Chinese workers were found to be living in conditions analogous to slavery and were identified as victims of international human trafficking.
Damages Sought
The damages sought by prosecutors amount to approximately R$257 million (about $46 million USD). This includes:
- R$50,000 per violation (approximately $8.87 USD), multiplied by the number of violations.
- Moral damage compensation for each affected worker.
Police Raid and Worker Rescues
The lawsuit follows a police raid on December 14, during which authorities claimed they "rescued" 163 Chinese workers from Jinjiang’s premises. Another group, mostly women, was rescued from Tecmonta’s premises, which included a balanced mix of men and women.
Visa and Wage Exploitation
Prosecutors allege that these individuals were victims because their visas did not match the job descriptions listed in the documents submitted with their applications for entry into the country. They also reported exploitation through:
- Wage withholding practices, where employees had up to 70% of their paychecks withheld.
- Contractual penalties imposed upon termination, making it difficult for those wishing to leave employment early due to lack of access to passport information required to verify identity before departing the workplace.
As a result, workers could not travel freely outside the worksite or return home after completing their shifts until the end of the day unless given special permission, which was rarely granted except in certain circumstances, such as medical emergencies.
Living Conditions
The living quarters for the workers were described as meager, with:
- Beds without mattresses.
- Shared toilets among large groups, with one instance noted where only a single toilet existed for thirty-one residents, prompting the need to rise before dawn to ensure everyone had a chance to clean themselves before starting the workday.
BYD’s Response
BYD has denied any wrongdoing, stating that its commitment to respecting human rights remains unchanged while cooperating fully with authorities investigating the matter. A spokesperson for BYD emphasized their commitment to respecting all applicable laws and regulations regarding labor practices.
Responses from Contractors
- A spokesperson for China JinJiang Construction Brazil did not respond immediately to requests for comment.
- Tecmonta Equipamentos Inteligentes also did not respond immediately to requests for comment.
Legal Context
According to Brazilian law, prosecutors can file lawsuits against companies suspected of violating labor laws without needing approval from judges or courts first.
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