W orkers moving within or into the European Union The SELEX project EU policy context Matters of civillabour law Forms of labour exploitation a continuum Violations of criminal ID: 645383
Download Presentation The PPT/PDF document "Severe Labour Exploitation" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Severe Labour Exploitation Workers moving within orinto the European Union The ‘SELEX’ projectSlide2
EU policy context Slide3
Matters of civil/labour law
Forms
of
labour
exploitation - a
continuum
Violations of criminal
law
Criminal offences under the
Employer Sanctions Directive
:
Exploiting the work of a third-country national in an irregular situationUnder particularly exploitative working conditions If the worker is a victim of traffickingIf the worker is a minor
The FRA report deals
with all
criminal
forms of labour exploitation of
workersSlide4
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
conditionsSlide5
Objectives of the SELEX-projectTo 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
the means
of countering serious risks of labour exploitation in terms of
prevention
monitoring
and
granting victims access to justiceSlide6
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
Total616
Desk research
All Member States
Fieldwork research
21 Member States
616 expert interviews
217 case studies
24 focus group discussionsSlide7
Findings
Risk Factors
Prevention
Monitoring
Access to justiceSlide8
Risk factorsSlide9
Economic sector
Isolation
Precarious employment situations
Risk factors relating to the workplace
Risk factorsSlide10
Risk factors
Economic sectors most prone to labour exploitation
Agriculture
Construction
Hotel/catering
Domestic work
ManufactureSlide11
Few specific prevention activities aimed at tackling labour exploitation Some promising practices:
systems
of standard setting, accreditation or branding of products
trade unions and support services reaching out to workers
Prevention
Findings –
preventionSlide12
Lack of clear legal mandate/powers enabling inspections at all workplaces
Victims seen in relation to irregular situation; not as crime victims
Limited resources
Lack
of targeted
monitoring
Ineffective cooperation with the police in a number of cases
Monitoring
Findings –
monitoringSlide13
Piecemeal criminal law protectionLack of targeted victim support servicesLack of investigations or proactive interventions
Weak avenues to back-pay and compensation
Victims reluctant and not encouraged to report
Access to justice
Findings –
victims’ access to justiceSlide14
More effective monitoring of situation of workersMore effective cooperation between organisationsEnsure that workers know their rights Improve legislation - implementation
What would improve the situation?
Experts’ viewsSlide15
We need to create a climate of zero tolerance of severe labour exploitation!access2justice@fra.europa.euSlide16
Download the comparative report:
http://
fra.europa.eu/en/publication/2015/severe-labour-exploitation-workers-moving-within-or-european-union
Download individual country reports:
http://
fra.europa.eu/en/country-data/2015/country-reports-comparative-report-severe-labour-exploitation-workers-moving