Exploitation & forced labour in Europe’s workplaces and households

Nick Clark

Leena Kumarappan

Janroj Keles

• 2 related projects looking at “vulnerability” or “precariousness” in the labour market

• Nuffield Foundation funded: Migrant Domestic Workers Employment Rights

• Joseph Rowntree Foundation funded: Responses to Forced Labour in Europe

• Outline of the projects• Some key findings• The different research experiences

Joseph Rowntree Forced Labour programme

http://www.jrf.org.uk/work/workarea/forced-labour

Domestic workers

• Interviews• Examination of documents from files at

UKBA• Unite survey of domestic workers pay &

conditions

“like other workers, most domestic workers benefit from the national minimum wage, statutory sick pay, paid annual leave and protection from discrimination and unfair dismissal, as well as other protections.”

Ed Davey MP, BIS Minister, Westminster Hall 29-6-11

Employment rights in UK

• Visa requirements (employed, NMW, statement of terms)

• Working time: 48 hours does not apply– Neil Carberry CBI, ref ILO Convention: “The proposed

convention would undermine the principle of EU law that an individual should be protected against being forced to work long hours but can choose to work longer if they wish.”

• Health & Safety: no inspections of private households

• National Minimum Wage: “family worker exception”

UKBA’s diligence

Manufacturing precarity through tax evasion

• 16 interviewees mention problems with payslips• “I want to pay tax, because I want to be legal, don’t want

to be here illegal. I work here, everyone is paying tax, I should pay the same. That’s why I applied my self-employed. If employer don’t want to pay, I will pay.” [Filipina, Female, 50-59, has ILR]

• “I understand what they mean [re part payment in cash] because you know, they don't want to pay extra tax, you know. I have agreed because, you know, there is no choice.” [Filipina, Female, 30-39]

Payslips and contracts

Net hourly pay (Unite survey)

Forced labour in Europe

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)

Case studies

• Mobilising for regularisation of building workers in northern Italy

• Supporting struggle for pay of berry pickers in Sweden

• Litigation over status of seasonal agricultural workers in France

• Cross border prosecution of modelling agency in Latvia

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.