Q: What is Montana definition of forced labor? I have ILO definition and my employer checks both boxes for their definition
We are required to remain at our station ,under threat of termination, beyond our agreed shifts if our relief does not show up for shift. I've made employer aware I am unwilling to stay past my scheduled shift.
I have left at my scheduled time twice in 3 months. I am forced to remain at work against my will long after my shift ends because the relief shift just doesn't bother to show up at scheduled time.
There is a drug culture with both the facility residents and the employees
ILO definition;
"all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily."
link
I think I have checked both those boxes in the definition. I'm not the only one that feels the non drug users are exploited to cover for the others.
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A:
Under Montana law, forced labor can fall under the broader category of labor trafficking, which occurs when someone is made to work against their will through the use of force, fraud, or coercion. Your situation seems to match the ILO definition of forced labor, as you are being compelled to work beyond your agreed shifts under the threat of termination. This type of coercion, where you're forced to remain at work against your will, could be considered a violation of your labor rights.
You have clearly expressed your unwillingness to stay past your scheduled shift, yet your employer continues to compel you to remain at your station. This situation might be grounds for legal action, especially if the coercion is as severe as you describe. In Montana, this kind of coercion could potentially be classified as an unfair labor practice or even illegal, depending on the specifics of your case.
Given the drug culture and the treatment you describe, it’s important to seek advice on how to protect your rights and well-being. You might want to consult with legal professionals or a relevant workers’ rights organization in Montana to explore your options.
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