forced labour: a labour market phenomenon in europe

Forced labour: a labour market phenomenon in Europe

Nick ClarkWorking Lives Research Institute

Nine country study

Country report & case studies Organisation Partners

France WLRI Nick Clark

Civic Forum Nicholas Bell (case study)

Germany WLRI Dr. Janroj Keles

Ireland WLRI Prof Sonia McKay

Italy University Ca’ Foscari, Venice Fabio Perocco

Latvia University of Latvia, Riga Aija Lulle

Netherlands Raboud University, Nijmigen/Tilburg University

Dr Mijke HouwerzjilDr Connie Rijken

Poland - Weronika Kloc-Nowak

Spain Gabinet d’Estudi Socials, Barcelona

Xavier VallvéPaolo Leotti

Sweden Goteborg & Linkoping Universities

Christer ThorqvistProf Charles Woolfson

The research

• a review of academic and grey literature; • analysis of the available data on forced

labour and informal labour markets;• analysis of the context of forced labour as

perceived by government, employers and the media;

• a case study from each country.

Europe’s record

• “Conscious of its spiritual and moral heritage, the Union is founded on the indivisible universal values of human dignity, freedom, equality and solidarity” (Preamble to the European Union Charter of Fundamental Rights)

• ILO estimates 880,000 workers in Europe subject to forced labour (20% sexual exploitation, 70% labour exploitation) (ILO 2012)

Forced labour: European context - back then or over there

https://www.google.co.uk/search?q=forced+labour&hl=en&client=firefox-a&hs=D7E&tbo=d&rls=org.mozilla:en-US:official&source=lnms&tbm=isch&sa=X&ei=_BLsUOC0Bu2R0QXpm4C4AQ&ved=0CAoQ_AUoAA&biw=1253&bih=864



Sectors:• Domestic service• Construction• Agriculture• Hospitality• Cleaning• Food manufacturing & processing• Textiles & clothinglooking where forced labour occurs, or

finding because looking?

Migration & forced labour


china


• Countries of origin both EU and non-EU • Home country nationals amongst both

exploitative employers and exploited workers

Employment offences

• Unpaid wages• Excessive hours• Oppressive

control/supervision/management• Undeclared or undocumented work

(documents include contracts and payslips)

Case studies

• Mobilising for regularisation of building workers in northern Italy - super exploitation as a business model for construction industry

• Supporting struggle for pay of berry pickers in Sweden – system of regulation by collective agreement leaves these workers unprotected

Case studies

• Litigation over status of seasonal agricultural workers in France – “seasonal worker” immigration status led to exposure to repeated abuse of workers over extended periods

Some findings

• European governments approach forced labour solely as element of trafficking. Immigration controls and punishing perpetrators take precedence over protecting employment or human rights of those subjected to forced labour

• Criminal sanctions may be deployed, but if this prevents or delays redress, workers may decline to participate in proceedings

• Lack of purposeful detection, illustrated by absence of excessive working hours acting as a trigger.

Some findings

• Specific problems in enforcing rights: doctrine of illegality, right to act on behalf of workers

• Self activity by workers noted in most countries (demonstrations, marches, strikes, litigation) – responding rapidly with support essential for trade unions & NGOs wishing to combat forced labour

forced labour: a labour market phenomenon in europe

Documents