The MPT (Public Ministry of Labor) announced this Friday (26) the conclusion of a legal agreement with the Chinese automaker BYD, China Jinjiang Construction Brazil and Tecmonta Equipamentos Inteligentes Brasil following allegations of alleged work analogous to slavery at the Camaçari (BA) factory, formerly owned by Ford.
Responsible for hiring those involved, who provided exclusive services for the automaker, Jinjiang and Tecmonta agreed to pay R$40 million, with half going directly to the workers and the rest to compensate for collective moral damage, an amount that will be deposited in a judicial account to be allocated to institutions or funds indicated by the MPT.
BYD will undertake to guarantee payment of the fine if the contractors do not comply with the agreement. When contacted, the company said it would not comment.
According to the Ministry, “companies assume various obligations to do and not to do related to labor protection, applicable to all establishments and locations in which they carry out business activity”. If the agreement is breached, the parties will be subject to a fine of R$20,000 per injured worker and for each finding.
The MPT did not reach a consensus, and a prosecutor recognized the signing of the agreement, which does not correspond to an acknowledgment of guilt by either company, as a victory for BYD.
Understand the case
In November 2024, Bahia’s MPT opened one in Camaçari.
At the time, following reports of attacks, the Chinese automaker said it had ordered the attackers to leave. The company also said that it welcomed the victims and that these employees would continue working normally at the factory after the episode.
Still in December of that year, a task force composed of the MPT, the MPF (Federal Public Ministry), the DPU (Union Public Defender’s Office), the MTE (Ministry of Labor and Employment), the PRF (Federal Highway Police) and the PF (Federal Police) rescued 163 Chinese workers from Jinjiang during the construction of the factory. Another 61 from Tecmonta were also found in a situation similar to slavery and victims of human trafficking.
In June this year, the Labor Inspectorate issued more than 60 infraction notices.
The MPT found that the workers did not have the minimum comfort and hygiene conditions, with the presence of armed surveillance, withholding of passports, employment contracts with illegal clauses, exhausting working hours and no weekly rest.
Furthermore, they were required to pay a deposit, had up to 70% of their wages withheld and faced the burden of contract termination, which characterizes forced labor, according to the Ministry.
Of the 224 workers, 61 returned to China without paying the severance pay due as a result of the rescue. In addition to individual compensation, the agreement provides for payment of the FGTS (Guarantee Fund for Length of Service), with a fine of 40%.
