EU sanctions against employers of undocumented migrants
New European Union rules aim to crackdown on employers who expolit undocumented migrant workers, but migrant rights groups are worried that the imminent legislation retains the focus on the status of the migrant, rather than the exploitation by the employer.
Under the Employers Sanctions Directive, employers hiring undeclared workers would face sanctions, including fines and paying back wages to their workers amounting to “at least the wage provided for by the applicable laws on minimum wages, collective agreements or practices in the relevant occupational branches.”
Those employers who subject migrant workers to “particularly exploitative working conditions” would also be punishable under criminal law.
“Migrants are often subjected to terrible exploitation, sometimes even treated as slaves” - Italian Socialist MEP Claudio Fava, who drafted the report on the legislation for the parliament.
However, not all Members of the European Parliament (MEPs) are convinced that this new Directive goes far enough in protecting workers.
British Green MEP Jean Lambert is concerned that in its current form, it does not guarantee that workers would actually get paid. Irish MEP Mary Lou McDonald, of Sinn Fein, expressed concerns that the directive still targets migrant workers more than the employers.
“I regret very much that the legal base for this proposal is the fight against illegal immigration. The real fight is against rogue exploitative employers, and what we need at this time is an agenda that is pro-worker, not anti-immigrant,” – Irish MEP Mary Lou McDonald.
A joint statement was released by four European NGO networks, representing over 700 organisations. The joint statement, while welcoming key protective provisions, expresses concerns that:
“This directive does not recognise that undocumented workers have labour rights and that the priority must be ensuring such rights are enforced”. European Network against Racism (ENAR); European Women’s Lobby (EWL); Platform for International Cooperation on Undocumented Migrants (PICUM); SOLIDAR
Links:
- the Draft Directive
- European Parliament Press Release
- Download NGO Joint Statement (in pdf) (word document)
