PICUM: Protecting the rights of undocumented workers
EU Parliament hearing calls for stronger commitment to labour rights enforcement in the EU Employers’ Sanctions Directive
The Platform for International Cooperation on Undocumented Migrants (PICUM) and the Polish organisation Stowarzyszenie Interwencji Prawnej (Association for Legal Intervention) today [December 2] call on the EU to prioritise the enforcement of the labour rights of undocumented migrant workers, on the occasion of a public hearing at the European Parliament on the impact of the ‘EU Employers’ Sanctions Directive’.
The ‘Directive providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals’ (Directive 2009/52/EC)* entered into force in July 2009 as part of the EU’s migration policy to prevent irregular migration. Considering irregular employment a “pull factor” for migrants to irregularly stay in the EU, the Directive establishes sanctions for employers who hire undocumented workers.
Article 6 of the Directive establishes several safeguards to protect the labour rights of undocumented workers, including a requirement for the employer to pay any outstanding wages to the worker, and the possibility to issue residence permits of limited duration in cases of particularly exploitative employment conditions. However, five years after the Directive’s adoption, the EU Commission’s monitoring of its implementation in member states indicates that there is very little evidence of enforcement of labour rights in cases of exploitation.
Jean Lambert MEP (Greens/European Free Alliance) and co-host of the event stated: “While governments have moved to punish those employing irregular migrants, it is disappointing to see that they have been less enthusiastic about ensuring the rights of those workers. Exploited workers often have no clear way to report their plight, systems to protect informants are weak and many are not helped to claim money owed to them by those employers who have benefitted from their labour. We need member states to protect workers, whatever their migration status.”
