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Severe exploitation
of foreign workers -
the SELEX-project
2
In many sectors of the economy
foreign workers run a serious
risk of falling victim to criminal
forms of exploitation in the EU
3
1 in 5 interviewed professionals
– such as labour inspectors, victim
support staff and police officers –
come across cases of severe labour
exploitation at least twice a week
4
• Introduction to the project, its terminology, policy
background, objectives and methodology
• Key findings
• Conclusions and outlook
Overview
5
Terminology, policy background, objectives
and methodology
The SELEX project
6
What the project is about
• Severe labour exploitation (SELEX) =
criminal forms of exploitation of foreign workers in the EU
• Covering both
– exploitation of EU citizens as workers in another EU Member
State than the country of their origin as well as
– exploitation of third-country nationals in the EU.
7
SELEX cuts
across various
EU policies
SELEX
Good
administration
Consumer
rights
Corporate
social
responsibility
Social policy
Freedom to
provide
services
Cohesion
policy
Free
movement of
workers
Migration
policy
Criminal
justice
8
EU policy context
Good
administration
Free
movement of
workers
Migration
policy
Criminal
justice
Freedom to
provide
services
Social Policy
Working Time
Directive
Directive 2003/88/EC
EC and MS reports
every 5 years
Temporary Agency
Work Directive
Directive 2008/104/EC
Public Procurement
Directive
Directive 2014/24/EU
Transposition by 18 April
2016
MS reports by 18 April
2017
Posted Workers
Directive
Directive 96/71/EC
Enforcement
Directive
Directive 2014/67/EU
Transposition deadline
18 June 2016
EC report by 18 June
2019
Free Movement of
Citizens Directive
Directive 2004/38/EC
Free Movement of
Workers
Regulation 2011/492
Facilitation
Directive
Directive 2014/54/EU
Transposition by 21 May
2016
EC report by 21 Nov.
2018
Employer Sanctions
Directive
Directive 2009/52/EC
EC reports by 20 July 2014
every 3 years MS reports
Single Permit
Directive
Directive 2011/98/EU
Transposition by 25 Dec.
2013
Seasonal Workers
Directive
Directive 2014/36/EU
Transposition by 30 Sept.
2016
MS reports by 30 June
2018
Residence Permit
Directive
EC reports by 6 August
2008 and every 3 years
Anti-Trafficking
Directive
Directive 2011/36/EU
EC reports by 6 April 2015
and by 6 April 2016
assessing impact
Victims’ Directive
Directive 2012/29/EU
Transposition by 16 Nov.
2015
EC report by 16 Nov. 2017
MS reports by 16 Nov.
2017 and every 3 years
Past transposition deadline
Adopted, transposition
pending
Consumer
rights &
corporate
social
responsibility
Consumer Rights
Directive
Directive 2011/83/EU
EC report by 13 Dec.
2016
Disclosure
Directive
Directive 2014/95/EU
Transposition by 6 Dec.
2016
EC guidelines by 6 Dec.
2016
review by 6 Dec. 2018
Cohesion
policy
Regulation (EU) No
1300/2013 of the
European Parliament
and of the Council of 17
December 2013 on the
Cohesion Fund
Intra-corporate
Transfer Directive
Directive 2014/66/EU
Transposition by 29 Nov.
2016
EC report by 29 Nov. 2019
9
Slavery
Servitude
Forced or
compulsory labour
Severe exploitation in an
employment relationship
Other forms of
labour exploitation
Matters of
civil/labour law
Article 9 (1c-e)
Employer Sanctions
Directive (ESD)
‘Criminal offence’:
• ‘particularly
exploitative working
conditions’,
• Worker is a victim of
trafficking,
• illegal employment
of a minor
Article 2 ESD ‘particularly
exploitative working conditions’:
the deviation from regular
working conditions is significant
enough to violate human dignity
Forms and severity of labour
exploitation: a continuum
Violations of
criminal law
SELEX deals with all
criminal forms of
labour exploitation of
foreign workers
10
Slavery
Servitude
Forced or
compulsory labour
Severe exploitation in an
employment relationship
Other forms of
labour exploitation
Fundamental rights at stake
Also a violation of
Article 5 of the
Charter: Prohibition of
slavery and forced
labour
Fundamental
rights aspects:
Violation of Article 31
of the Charter: Right to
fair and just working
conditions
11
SELEX
Pathways into exploitation
Trafficking
Smuggling
Informal recruiters
Workers moving on their own
Slave trade
Severely exploitative working conditions
Forced or compulsory labour
Slavery, servitude
Exploitation of a victim of trafficking
Non-criminal forms of labour
exploitation
Forms of exploitation
12
Objectives of the SELEX-project
To support EU institutions and
Member States in countering severe
labour exploitation by:
 identifying factors that put
workers at risk of severe labour
exploitation;
 analysing the institutional setting
in place and means of countering
serious risks in terms of
– prevention,
– monitoring and
– granting victims access to justice
Risk Factors Prevention
Monitoring
Access to
justice
Risk Factors
Monitoring
Access to
justice
13
Methodology
Expert interviews,
professional groups N
Monitoring (labour inspectors etc.) 102
Police services 82
Support services 139
Judges and prosecutors 69
Lawyers (who represented workers) 63
Recruitment 35
Workers’ organisations 56
Employers’ organisations 45
Coordinators at policy level 25
Total 616
•Desk research (28 MSs)
•Primary social research
(21 MS, all but Denmark,
Estonia, Latvia, Luxembourg,
Romania, Slovenia, Sweden)
• 616 expert interviews
• 217 case studies
• 24 focus group
discussions
MS N
AT 30
BE 30
BG 30
CY 21
CZ 30
DE 40
EL 30
ES 35
FI 30
FR 39
HR 8
HU 12
IE 30
IT 43
LT 20
MT 20
NL 30
PL 40
PT 31
SK 30
UK 37
Total 616
14
• Introduction to the project, its terminology, legal
background, objectives and methodology
• Key findings
• Conclusions and outlook
Overview
15
Labour
exploitation
Risk factors
relating to legal
and institutional
framework
Risk factors
relating to
workers
personally
Risk factors
relating to
workplaces
Risk factors
created by
employers
Risk factors
16
34
45
151
380
396
443
0 50 100 150 200 250 300 350 400 450 500
Corruption in the police
Corruption in other parts of administration
Others
low risk of having to compensate exploited
worker
Lack of institutions effectively monitoring
the situation of workers
Low risk to offenders of being prosecuted
and punished
• Low risk of prosecution
• Lack of effective monitoring
• Low risk of having to
compensate the worker
Legal and institutional risk factors (N=597)
Risk factors
17
Risk factors relating to the personal situation of the victim
• Difficulties in communication
• Extreme poverty at home
• No regular access to labour
market
Risk factors
70
52
120
123
257
327
348
445
0 100 200 300 400 500
Other
Worker is prone to discrimination on account of his/her
sex
Migrants coming from the workers' home country are
often exploited in country of workplace
Worker is prone to discrimination on account of his/her
race or because he/she belongs to a national minority
Worker is not allowed to enter into employment
Worker has experienced extreme poverty at home
Worker has a low level of education
Worker does not know the language of country of work
18
20
65
120
211
219
292
350
411
0 100 200 300 400 500
Other
Employment as a posted worker by foreign company
Worker is not a member of a trade union
seasonal worker
Worker not directly employed by the organisation where
they work
Precarious or insecure situation of employment, e.g.
formally self-employed
Working in isolation with few contacts to clients or people
from outside
Working in a sector of economy prone to exploitation
• Economic sector
• Isolation
• Precarious
employment
situations
Risk factors relating to the workplace
Risk factors
19
32
24
36
37
37
48
58
125
155
237
296
358
0 100 200 300 400
Other
Human health and social work activities
Arts, entertainment and recreation
Wholesale and retail trade, repair of motor vehicles…
Other service activities
Transportation and storage
Administrative and support service activities
Manufacturing
Activities of households as employers
Accommodation and food service activities
Construction
Agriculture, forestry and fishing
Risk factors
Economic sectors most prone to labour exploitation
• Agriculture
• Construction
• Hotel/catering
• Domestic work
• Manufacture
20
 No written contract or no contract in a language the worker
understands
 Workers not informed about entitlements (e.g. wages,
standards of working conditions, annual leave)
 Employers increase workers’ dependency, e.g. by providing
accommodation, catering, or transportation or by employing
other family members.
Risk factors created by employers
Risk factors
21
Key findings - prevention
• Tackle ‘trivialisation’ of non-violent forms of severe labour
exploitation by society in general
• Importance of awareness raising/pre-departure
programmes
• Standard setting, accreditation, branding of products,
codes of conduct
22
Key findings - monitoring
Deficiencies relate to
• Lack of a clear legal mandate or powers enabling workplace
inspectors to carry out effective inspections (at all workplaces)
• Lack of resources (number of staff, training, language skills)
• Lack of cooperation with the police
• Attitudes: victims primarily seen in relation to their irregular
situation; not acknowledged as crime victims
23
Key findings – victims’ access to justice
• Protection by criminal law provisions is piecemeal and
inconsistent
• Lack of proactive interventions of the police
• Victims are reluctant and not encouraged to report
24
26
61
74
80
101
105
128
167
0 50 100 150 200
To be able to return home safely
To see that offenders are held accountable and that justice
is done
To be respected and to see that their rights are taken
seriously
For their family to be safe
To be safe and protected against further victimisation
To receive compensation and back pay from employers
To be able to economically support other family members
To be able to stay and to make a living in an EU country
What is most important to victims?
• To be able to stay and
to make a living
• Support family
• Receive back
pay/compensation
Victims’ access to justice
25
33
46
56
66
69
179
233
239
275
293
0 50 100 150 200 250 300 350
Victims suffer from feelings of shame
Victims believe that proceedings are too bureaucratic and costly
Lack of effective monitoring of relevant areas of economy
Victims do not trust that the police would treat them in a…
Lack of targeted support services
Victims believe that speaking to authorities is not worthwhile,…
Victims perceive being jobless as worse than working in…
victims fear retaliation aganst them or family members
Victims are not aware of their rights and of support services…
Fear of having to leave the country
• Fear of having to leave
country
• Being jobless is worse
than current situation
Reasons for victims not reporting to the police
Victims’ access to justice
26
• Targeted victim support provision and
legal assistance (legal aid)
• Regularisation of their residence status
• Access to placement services
• Access to justice including back-pay
from employers
• Extrajudicial resolution?
What would enhance reporting?
Victims’ access to justice
27
• Introduction to the project, its terminology, legal
background, objectives and methodology
• Key findings
• Conclusions and outlook
Overview
29
What fosters severe exploitation:
endemic impunity resulting from three factors
Lack of monitoring of workplaces
Lack of proactive policing
Victims are not encouraged to
report
Impunity
30
How does SELEX affect individuals living in the EU?
• EU citizens as workers – e.g. in agriculture – who want to make use of
their right to move freely within the EU and don’t accept substandard
conditions;
• Third-country nationals who according to Article 31 of the Charter are
entitled to be protected effectively against SELEX;
• An entrepreneur facing competitors who don’t abide by legal standards of
wages or labour conditions;
• A household acting as an employer;
• A consumer who wants to know whether a product or service she
purchases has been produced under exploitative working conditions;
• A victim of severe exploitation expecting that she is supported in having
access to justice.
31
• Strengthen (complete) the criminal law framework protecting
the rights of workers to fair and just working conditions
• Improve workplace inspections, enhance cooperation of
inspectors with the police
• Empower victims, encourage victims to report
• Create a climate of zero tolerance of severe labour exploitation
in all economic sectors
• Inform consumers (e.g. branding of products as a means of
prevention)
Five main conclusions
32
• Starting 2016: Project SELEX II, focus on interviews
with foreign workers who belong to particular risk
groups
Outlook
33
Downloads
Comparative report:
http://fra.europa.eu/en/publication/2015/severe-
labour-exploitation-workers-moving-within-or-
european-union
Country reports:
http://fra.europa.eu/en/country-
data/2015/country-reports-comparative-report-
severe-labour-exploitation-workers-moving
fra.europa.eu
Thank you!

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FRA presentation

  • 1. Severe exploitation of foreign workers - the SELEX-project
  • 2. 2 In many sectors of the economy foreign workers run a serious risk of falling victim to criminal forms of exploitation in the EU
  • 3. 3 1 in 5 interviewed professionals – such as labour inspectors, victim support staff and police officers – come across cases of severe labour exploitation at least twice a week
  • 4. 4 • Introduction to the project, its terminology, policy background, objectives and methodology • Key findings • Conclusions and outlook Overview
  • 5. 5 Terminology, policy background, objectives and methodology The SELEX project
  • 6. 6 What the project is about • Severe labour exploitation (SELEX) = criminal forms of exploitation of foreign workers in the EU • Covering both – exploitation of EU citizens as workers in another EU Member State than the country of their origin as well as – exploitation of third-country nationals in the EU.
  • 7. 7 SELEX cuts across various EU policies SELEX Good administration Consumer rights Corporate social responsibility Social policy Freedom to provide services Cohesion policy Free movement of workers Migration policy Criminal justice
  • 8. 8 EU policy context Good administration Free movement of workers Migration policy Criminal justice Freedom to provide services Social Policy Working Time Directive Directive 2003/88/EC EC and MS reports every 5 years Temporary Agency Work Directive Directive 2008/104/EC Public Procurement Directive Directive 2014/24/EU Transposition by 18 April 2016 MS reports by 18 April 2017 Posted Workers Directive Directive 96/71/EC Enforcement Directive Directive 2014/67/EU Transposition deadline 18 June 2016 EC report by 18 June 2019 Free Movement of Citizens Directive Directive 2004/38/EC Free Movement of Workers Regulation 2011/492 Facilitation Directive Directive 2014/54/EU Transposition by 21 May 2016 EC report by 21 Nov. 2018 Employer Sanctions Directive Directive 2009/52/EC EC reports by 20 July 2014 every 3 years MS reports Single Permit Directive Directive 2011/98/EU Transposition by 25 Dec. 2013 Seasonal Workers Directive Directive 2014/36/EU Transposition by 30 Sept. 2016 MS reports by 30 June 2018 Residence Permit Directive EC reports by 6 August 2008 and every 3 years Anti-Trafficking Directive Directive 2011/36/EU EC reports by 6 April 2015 and by 6 April 2016 assessing impact Victims’ Directive Directive 2012/29/EU Transposition by 16 Nov. 2015 EC report by 16 Nov. 2017 MS reports by 16 Nov. 2017 and every 3 years Past transposition deadline Adopted, transposition pending Consumer rights & corporate social responsibility Consumer Rights Directive Directive 2011/83/EU EC report by 13 Dec. 2016 Disclosure Directive Directive 2014/95/EU Transposition by 6 Dec. 2016 EC guidelines by 6 Dec. 2016 review by 6 Dec. 2018 Cohesion policy Regulation (EU) No 1300/2013 of the European Parliament and of the Council of 17 December 2013 on the Cohesion Fund Intra-corporate Transfer Directive Directive 2014/66/EU Transposition by 29 Nov. 2016 EC report by 29 Nov. 2019
  • 9. 9 Slavery Servitude Forced or compulsory labour Severe exploitation in an employment relationship Other forms of labour exploitation Matters of civil/labour law Article 9 (1c-e) Employer Sanctions Directive (ESD) ‘Criminal offence’: • ‘particularly exploitative working conditions’, • Worker is a victim of trafficking, • illegal employment of a minor Article 2 ESD ‘particularly exploitative working conditions’: the deviation from regular working conditions is significant enough to violate human dignity Forms and severity of labour exploitation: a continuum Violations of criminal law SELEX deals with all criminal forms of labour exploitation of foreign workers
  • 10. 10 Slavery Servitude Forced or compulsory labour Severe exploitation in an employment relationship Other forms of labour exploitation Fundamental rights at stake Also a violation of Article 5 of the Charter: Prohibition of slavery and forced labour Fundamental rights aspects: Violation of Article 31 of the Charter: Right to fair and just working conditions
  • 11. 11 SELEX Pathways into exploitation Trafficking Smuggling Informal recruiters Workers moving on their own Slave trade Severely exploitative working conditions Forced or compulsory labour Slavery, servitude Exploitation of a victim of trafficking Non-criminal forms of labour exploitation Forms of exploitation
  • 12. 12 Objectives of the SELEX-project To support EU institutions and Member States in countering severe labour exploitation by:  identifying factors that put workers at risk of severe labour exploitation;  analysing the institutional setting in place and means of countering serious risks in terms of – prevention, – monitoring and – granting victims access to justice Risk Factors Prevention Monitoring Access to justice Risk Factors Monitoring Access to justice
  • 13. 13 Methodology Expert interviews, professional groups N Monitoring (labour inspectors etc.) 102 Police services 82 Support services 139 Judges and prosecutors 69 Lawyers (who represented workers) 63 Recruitment 35 Workers’ organisations 56 Employers’ organisations 45 Coordinators at policy level 25 Total 616 •Desk research (28 MSs) •Primary social research (21 MS, all but Denmark, Estonia, Latvia, Luxembourg, Romania, Slovenia, Sweden) • 616 expert interviews • 217 case studies • 24 focus group discussions MS N AT 30 BE 30 BG 30 CY 21 CZ 30 DE 40 EL 30 ES 35 FI 30 FR 39 HR 8 HU 12 IE 30 IT 43 LT 20 MT 20 NL 30 PL 40 PT 31 SK 30 UK 37 Total 616
  • 14. 14 • Introduction to the project, its terminology, legal background, objectives and methodology • Key findings • Conclusions and outlook Overview
  • 15. 15 Labour exploitation Risk factors relating to legal and institutional framework Risk factors relating to workers personally Risk factors relating to workplaces Risk factors created by employers Risk factors
  • 16. 16 34 45 151 380 396 443 0 50 100 150 200 250 300 350 400 450 500 Corruption in the police Corruption in other parts of administration Others low risk of having to compensate exploited worker Lack of institutions effectively monitoring the situation of workers Low risk to offenders of being prosecuted and punished • Low risk of prosecution • Lack of effective monitoring • Low risk of having to compensate the worker Legal and institutional risk factors (N=597) Risk factors
  • 17. 17 Risk factors relating to the personal situation of the victim • Difficulties in communication • Extreme poverty at home • No regular access to labour market Risk factors 70 52 120 123 257 327 348 445 0 100 200 300 400 500 Other Worker is prone to discrimination on account of his/her sex Migrants coming from the workers' home country are often exploited in country of workplace Worker is prone to discrimination on account of his/her race or because he/she belongs to a national minority Worker is not allowed to enter into employment Worker has experienced extreme poverty at home Worker has a low level of education Worker does not know the language of country of work
  • 18. 18 20 65 120 211 219 292 350 411 0 100 200 300 400 500 Other Employment as a posted worker by foreign company Worker is not a member of a trade union seasonal worker Worker not directly employed by the organisation where they work Precarious or insecure situation of employment, e.g. formally self-employed Working in isolation with few contacts to clients or people from outside Working in a sector of economy prone to exploitation • Economic sector • Isolation • Precarious employment situations Risk factors relating to the workplace Risk factors
  • 19. 19 32 24 36 37 37 48 58 125 155 237 296 358 0 100 200 300 400 Other Human health and social work activities Arts, entertainment and recreation Wholesale and retail trade, repair of motor vehicles… Other service activities Transportation and storage Administrative and support service activities Manufacturing Activities of households as employers Accommodation and food service activities Construction Agriculture, forestry and fishing Risk factors Economic sectors most prone to labour exploitation • Agriculture • Construction • Hotel/catering • Domestic work • Manufacture
  • 20. 20  No written contract or no contract in a language the worker understands  Workers not informed about entitlements (e.g. wages, standards of working conditions, annual leave)  Employers increase workers’ dependency, e.g. by providing accommodation, catering, or transportation or by employing other family members. Risk factors created by employers Risk factors
  • 21. 21 Key findings - prevention • Tackle ‘trivialisation’ of non-violent forms of severe labour exploitation by society in general • Importance of awareness raising/pre-departure programmes • Standard setting, accreditation, branding of products, codes of conduct
  • 22. 22 Key findings - monitoring Deficiencies relate to • Lack of a clear legal mandate or powers enabling workplace inspectors to carry out effective inspections (at all workplaces) • Lack of resources (number of staff, training, language skills) • Lack of cooperation with the police • Attitudes: victims primarily seen in relation to their irregular situation; not acknowledged as crime victims
  • 23. 23 Key findings – victims’ access to justice • Protection by criminal law provisions is piecemeal and inconsistent • Lack of proactive interventions of the police • Victims are reluctant and not encouraged to report
  • 24. 24 26 61 74 80 101 105 128 167 0 50 100 150 200 To be able to return home safely To see that offenders are held accountable and that justice is done To be respected and to see that their rights are taken seriously For their family to be safe To be safe and protected against further victimisation To receive compensation and back pay from employers To be able to economically support other family members To be able to stay and to make a living in an EU country What is most important to victims? • To be able to stay and to make a living • Support family • Receive back pay/compensation Victims’ access to justice
  • 25. 25 33 46 56 66 69 179 233 239 275 293 0 50 100 150 200 250 300 350 Victims suffer from feelings of shame Victims believe that proceedings are too bureaucratic and costly Lack of effective monitoring of relevant areas of economy Victims do not trust that the police would treat them in a… Lack of targeted support services Victims believe that speaking to authorities is not worthwhile,… Victims perceive being jobless as worse than working in… victims fear retaliation aganst them or family members Victims are not aware of their rights and of support services… Fear of having to leave the country • Fear of having to leave country • Being jobless is worse than current situation Reasons for victims not reporting to the police Victims’ access to justice
  • 26. 26 • Targeted victim support provision and legal assistance (legal aid) • Regularisation of their residence status • Access to placement services • Access to justice including back-pay from employers • Extrajudicial resolution? What would enhance reporting? Victims’ access to justice
  • 27. 27 • Introduction to the project, its terminology, legal background, objectives and methodology • Key findings • Conclusions and outlook Overview
  • 28. 29 What fosters severe exploitation: endemic impunity resulting from three factors Lack of monitoring of workplaces Lack of proactive policing Victims are not encouraged to report Impunity
  • 29. 30 How does SELEX affect individuals living in the EU? • EU citizens as workers – e.g. in agriculture – who want to make use of their right to move freely within the EU and don’t accept substandard conditions; • Third-country nationals who according to Article 31 of the Charter are entitled to be protected effectively against SELEX; • An entrepreneur facing competitors who don’t abide by legal standards of wages or labour conditions; • A household acting as an employer; • A consumer who wants to know whether a product or service she purchases has been produced under exploitative working conditions; • A victim of severe exploitation expecting that she is supported in having access to justice.
  • 30. 31 • Strengthen (complete) the criminal law framework protecting the rights of workers to fair and just working conditions • Improve workplace inspections, enhance cooperation of inspectors with the police • Empower victims, encourage victims to report • Create a climate of zero tolerance of severe labour exploitation in all economic sectors • Inform consumers (e.g. branding of products as a means of prevention) Five main conclusions
  • 31. 32 • Starting 2016: Project SELEX II, focus on interviews with foreign workers who belong to particular risk groups Outlook

Editor's Notes

  1. 15 Risk factors In the SELEX project, as an analytic model we grouped risk factors breaking them into four categories, namely [ read ]. The following slides highlight which risk factors experts, based on their professional experience, view as particularly strong causes and indicators of labour exploitation of migrant workers.