Introduction
Etapas D’Aventura – Serviços e Representações, Lda. (trademark Vitae Professionals) (henceforth “we”) is a Portuguese company that recruits healthcare professionals worldwide to work abroad. Our vision and strategy are simple: to recruit the best professionals to work in the best workplaces.
Our Policy:
We are committed to the highest standards of ethical conduct in our activities and adhere to high ethical standards both when hiring staff internally and when recruiting candidates for our vacancies. Therefore, ethics are an essential part of decision-making. To this end, we ensure that the partners and clients we work with are also governed by this fundamental principle of modern society.
What is slavery under Portuguese legislation and case law?
Firstly, slavery is a criminal offence provided for and punished under Article 159 of the Portuguese Penal Code, which states:
Whoever:
a) Reduces another person to the state or condition of a slave; or
b) Alienates, assigns or acquires a person or takes possession of them with the intention of keeping them in the situation provided for in the previous paragraph;
shall be punished with imprisonment from five to fifteen years.
The reduction of a human being to the condition of an object or thing (slavery) implies the denial of physical freedom of movement (or other manifestations of freedom) and the denial of the foundation of all expressions of human personality, which is human dignity.
Article 159(a) of the Portuguese Penal Code provides for the possibility of reducing another person to the state or condition of a slave. When interpreting this section of the law, it is important to take international law into account.
In fact, the Geneva Slavery Convention (signed on 25 September 1926) defines slavery, in Article 1, paragraph 1, as "the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised". Therefore, any person who has such a state or condition is a slave (Article 7(a) of the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, signed in Geneva on 7 September 1956).
Essential and sufficient for the characterisation of a conduct as slavery is that a person is treated as a thing that the agent disposes of as his property. Slavery does not necessarily involve economic or sexual exploitation, which was historically linked to slavery.
The reduction referred to in the law can be carried out by any means. It does not necessarily imply the victim's captivity, although captivity is a strong indication of the existence of slavery.
Reduction to a state of slavery, in the case of attributable victims, generally presupposes the use of coercion (physical or psychological) or the exploitation of economic dependence. However, as stated above, there is no legal requirement regarding the means used.
Modern slavery can take various forms: slavery, servitude, forced and compulsory labour, and human trafficking. All share the common characteristic of one person depriving another of their freedom with the intention of exploiting them for personal or financial gain.
We embrace a strict stance against modern slavery and make a steadfast commitment to conducting our business affairs and relationships with ethical standards and integrity. We strive to establish and enforce efficient mechanisms to prevent modern slavery from occurring within our own company, and we expect all of our employees, customers, and business partners to adhere to these same elevated principles. Our policy extends to them all.
Responsibility for the Policy
The managing director has overall responsibility for ensuring this policy complies with our legal and ethical obligations and that all those under his control comply with it.
The Compliance Department has primary responsibility for implementing and monitoring this policy, addressing any queries, and conducting internal audits to ensure effectiveness in combating modern slavery. The policy encourages individuals to provide comments, suggestions, and queries regarding its content and possible improvements. Interested parties are invited to address these concerns to n.pinto@vitaeprofessionals.com / s.marques@vitaeprofessionals.com / a.santos@vitaeprofessionals.com.
Overall, this policy establishes a clear chain of responsibility and emphasises the importance of compliance with legal and ethical obligations in relation to modern slavery.
Compliance with the Policy
You are required to avoid any activity that might lead to or suggest a breach of this policy. If you believe or suspect that a conflict with this policy has occurred or may occur in the future, you can contact us via one of the above-mentioned emails.
Breaches of this Policy
Any breach of this policy by an employee may lead to disciplinary consequences. The severity of the disciplinary action will depend on the nature and extent of the breach.
We reserve the right to terminate our relationship with business partners if they breach this policy.
We take breaches of this policy seriously, as they can have serious implications for the company's reputation, business operations, and compliance with legal and regulatory requirements. All employees, customers, and business partners are expected to adhere to this policy and understand the potential consequences of non-compliance.
