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FLOW project in the context of HEUNI's previous research, 4.10.18

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FLOW. FLOWS OF ILLICIT FUNDS AND VICTIMS OF LABOUR TRAFFICKING: UNCOVERING THE COMPLEXITIES
This project was funded by the European Union’s Internal Security Fund — Police.

The FLOW project promotes a holistic approach to the prevention and investigation of trafficking in human beings (THB) in conjunction with economic crime and engages businesses in the prevention of THB.
THB is an end result of complex interconnections between unsustainable business practices, organized crime, corruption and illicit flows. When tackling this nexus understanding these connections, and cooperation between business, law enforcement and labour inspectors is crucial. And moreover, the needs and rights of the victim of THB should be at the core of the actions taken.

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FLOW project in the context of HEUNI's previous research, 4.10.18

  1. 1. FLOW AS A CULMINATION OF HEUNI’S WORK AND CONCEPTS Natalia Ollus & Anniina Jokinen 4 October, 2018 THE EUROPEAN INSTITUTE FOR CRIME PREVENTION AND CONTROL, AFFILIATED WITH THE UN
  2. 2. FROM LABOUR EXPLOITATION TO TRAFFICKING
  3. 3. PUBLICATIONS Report series 68.Trafficking for Forced Labour and Labour Exploitation in Finland, Poland and Estonia Edited by Anniina Jokinen, Natalia Ollus and Kauko Aromaa. Helsinki 2011. Report series no. 75. Exploitation of migrant workers in Finland, Sweden, Estonia and Lithuania: Uncovering the links between recruitment, irregular employment practices and labour trafficking Edited by Natalia Ollus,Anniina Jokinen and Matti Joutsen. Helsinki 2013 Report series no. 78. Guidelines to prevent abusive recruitment, exploitative employment and trafficking of migrant workers in the Baltic Sea region Liliana Sorrentino and Anniina Jokinen. Helsinki 2014 Report Series 84: From Forced Flexibility to Forced Labour:The Exploitation of Migrant Workers in Finland Natalia Ollus. Helsinki 2016
  4. 4. 4 Membership in national and international working groups National and international networks Judgements Parliamentary and legislative hearings, references in background documents of law etc. Legislative processes IMPACT OF HEUNI’S THB WORK E.g. berry picking case (District court of Keski-Suomi R 17/373, 19.01.2018) UNODC Global Report on Trafficking, FRA:n SELEX report References in international projects Police, prosecutors, judges, trade unions, other authorities Training and capacity building
  5. 5. THE SPECTRUM/CONTINUUM OF EXPLOITATION TRAFFICKING, FORCED LABOUR AND EXPLOITATION
  6. 6. 6 Exploiting migrants’ powerlessness Indicators of exploitation Several cases of severe labour exploitation of migrant workers in Finland annually in multiple sectors (e.g. in catering, agriculture, cleaning, construction) Manipulation of contractual practices Direct use of force and threats Exploiting migrants’ economic vulnerability
  7. 7. LABOUR TRAFFICKING AND EXPLOITATION OF MIGRANT WORKERS An infringement of the rights of the individual – labour exploitation, extortionate work discrimination, ultimately trafficking. Exploitation as a structural problem, focus on restaurant and cleaning sectors. Including the prevention of trafficking and exploitation into corporate social responsibility policies. Exploitation Corporate crime Corporate social responsibility
  8. 8. THE SITUATION IN FINLAND
  9. 9. 5 3 8 11 19 31 34 18 11 27 61 58 29 1 0 4 7 17 14 14 33 32 18 45 46 29 0 0 0 0 9 6 0 5 7 7 24 23 19 0 20 40 60 80 100 120 140 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 labour exploitation sexual exploitation other VICTIMS OF TRAFFICKING ASSISTED 2006-2018 (JUNE)
  10. 10. TRAFFICKINGCASESREPORTEDTOTHEFINNISHPOLICE2010-2016 11 24 21 18 16 24 67 2 6 4 3 4 6 5 0 10 20 30 40 50 60 70 80 2010 2011 2012 2013 2014 2015 2016 Human trafficking and aggravated human trafficking (all forms)
  11. 11. fi15 LEGISLATIVE FRAMEWORK . 15 Extortionate work discrimination • Labour offence (labour inspectors’ duty to report) • Fines • Limited rights for victims (Aggravated usury) Trafficking in human beings: • Serious (violent) offence • Imprisonment • Special rights for victims of trafficking (support/assistance, residence permit etc)
  12. 12. GUIDELINES FOR BUSINESSES
  13. 13. #HEUNIOPAS HEUNI guidelines for companies on managing the risk of hidden labour trafficking in local subcontracting chains.
  14. 14. 21 GUIDELINES FOR COMPANIES AND EMPLOYERS 01Overall risk assessment Use of migrant workers who lack knowledge of labour rights in Finland; use of subcontracting; engagement in risk sectors? 02Recruitment and payment practices Are all potential employees met in person and the terms of employment presented in a language that the employee can understand; use of written employment contracts; ensuring the validity of personal documents? 03 The use of subcontractors Is the use of sub-contractors limited; are the subcontractors vetted; are there contractual clauses that foresee contract termination in case of detection of exploitation? 04Indicators of exploitation Victims are often silent due to threats, lack of options and fear of reprisals. Do employees know what constitute as red flags? The full picture is hidden, people have to act on the sense “that something is wrong”. Does your company have a mechanisms for reporting possible suspicions?
  15. 15. FLOW: FLOWS OF ILLICIT FUNDS AND VICTIMS OF LABOUR TRAFFICKING: UNCOVERING THE COMPLEXITIES
  16. 16. 23 01 Underpayment, unpaid salaries 02 Non-payment of statutory employer’s fees (social welfare, retirement etc.) 03 Considerable financial profits from systematic under/non-payment of wages www.heuni.fi Economic crimes related to labour exploitation: underpayment of salaries
  17. 17. So an hour of work, including all fees, holiday wages and everything is about 22– 25 EUR per hour, depending on the restaurant. So if you pay 7 EUR per hour under the table, it makes quite a big competitive advantage. (Permit and inspection authority) Vietnamese restaurant: one of the exploited cooks received a starting wages of 500 EUR per month and had to work 6−7 days a week, up to 10–15 hours a day.
  18. 18. Sales besides the till/non-reported sales esp. in restaurants Redirecting card payments from the till to other, unaccounted bank accounts Tax evasion Economic crimes related to labour exploitation: tax evasion and undeclared sales Using blind accounts Subtracting amounts from the sales before closing the books for the day
  19. 19. 26 Misuse of benefits and allowances, e.g. so- called start-up money for opening a new business “Clean” the details entered into various registers (i.e. corporate register and corporate liability register) and enable the new owner to start fresh without any notations or credit problems. Frequent change of ownership of businesses (e.g. small restaurants) Economic crimes related to labour exploitation: misuse of economic structures
  20. 20. 27 Transferral of funds abroad (Mamma Mia case?) Using employees or relatives to carry cash to home country with them Money laundering e.g. in ethnic restaurants? Economic crimes related to labour exploitation: money-laundering
  21. 21. 28 Do you have relevant case examples to share? 3 What are the links between financial crimes and exploitation? 2 1 Discussion on relevant cases, recent trends and definitions Definition of exploitation vs. trafficking in your country?
  22. 22. 29 How to report the results of the data collection in ENG to CSD? What kind template is needed? 3 What kind of network diagram/analysis makes sense? Using CSD’s previous work as a basis? 2 1 Discussion on data collection and methods How to do the data collection in all countries (case examples, media articles, selected interviews max 5)
  23. 23. 32 Thanks! Europeaninstituteheuni @heuni_institute @NataliaOllus heuni.fi @ natalia.ollus@om.fi

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