Description
The objective of this research (carried out between April and June 2022) was to provide the FRA with information on the following protective elements of the Employers Sanctions Directive:
1. Provision of information to migrant workers in an irregular situation on:
their rights as workers, including the right to back-pay (also for workers who have been returned to their country of origin), and to access complaints mechanisms and legal procedures to claim their rights;
the available complaint mechanisms, including whether such mechanisms are confidential or the data of the migrant worker in an irregular situation is shared with police and/or migration authorities;
the availability of residence permits, including for victims of ‘particularly exploitative working conditions’ as well as ‘trafficking for the purpose of labour exploitation’.
2. Identification, handling and referral of potential cases of ‘particularly exploitative labour conditions’ and trafficking for the purpose of labour exploitation during inspections;
3. Collecting evidence and initiating actions for workers in an irregular situation who claim back-pay from the employer.
