LABOUR
European Commission calls for effective complaints mechanisms for undocumented workers
In a recent communication on the Employers’ Sanctions Directive, the European Commission has set out recommendations to governments and EU actions to improve implementation of the Directive, including access to information, justice and remuneration, and temporary residence permits for undocumented workers. Crucially, the Commission recognises that undocumented workers are deterred from filing complaints due to risks of immigration enforcement, including during inspections. It acknowledges the calls for ‘firewalls’ which would guarantee that irregular migrants detected during inspections would not be referred to immigration authorities for return procedure. Furthermore, the Commission calls for governments to establish safe reporting policies to ensure that irregular migrant workers can report employers in violation and engage with law enforcement without facing immigration consequences, and to improve accessibility of complaint mechanisms to encourage irregular migrants to lodge complaints. Read ETUC and PICUM’s initial reaction here.
European Court orders Azerbaijan to pay compensation to 33 undocumented workers
In a case taken by 33 undocumented workers from Bosnia and Herzegovina, the European Court of Human Rights has found that the Azerbaijani government failed to effectively investigate the applicants’ claims concerning alleged forced labour and human trafficking. In its judgement, the Court found that the state of Azerbaijan was aware that workers were potential victims of human trafficking and forced labour, and ordered that the workers be paid 5,000€ in compensation for non-pecuniary damage. Among the factors considered by the Court in finding that the work was extracted under the menace of penalty was the irregular status of the workers, including threats of immigration enforcement. The verdict raises hopes for other workers in the “SerBaz” case, in which about 700 workers from Bosnia and Herzegovina, Serbia and Northern Macedonia were exploited while working on the construction of state facilities in Baku, Azerbaijan.
UK High Court rules victims of trafficking should be granted leave to remain
The UK High Court has ruled that recognised victims of trafficking who are also asylum seekers should be granted leave to remain in the UK. Prior to the ruling, these victims could risk deportation to their country of origin, where they may be in danger of further victimisation. Because of this, many would seek international humanitarian protection in the UK and spend years in legal limbo before the resolution of their case. During that time they could not work, study or access mainstream benefits. See the full ruling here, and analysis from Free Movement here.
LABOUR
European Commission calls for effective complaints mechanisms for undocumented workers
In a recent communication on the Employers’ Sanctions Directive, the European Commission has set out recommendations to governments and EU actions to improve implementation of the Directive, including access to information, justice and remuneration, and temporary residence permits for undocumented workers. Crucially, the Commission recognises that undocumented workers are deterred from filing complaints due to risks of immigration enforcement, including during inspections. It acknowledges the calls for ‘firewalls’ which would guarantee that irregular migrants detected during inspections would not be referred to immigration authorities for return procedure. Furthermore, the Commission calls for governments to establish safe reporting policies to ensure that irregular migrant workers can report employers in violation and engage with law enforcement without facing immigration consequences, and to improve accessibility of complaint mechanisms to encourage irregular migrants to lodge complaints. Read ETUC and PICUM’s initial reaction here.
European Court orders Azerbaijan to pay compensation to 33 undocumented workers
In a case taken by 33 undocumented workers from Bosnia and Herzegovina, the European Court of Human Rights has found that the Azerbaijani government failed to effectively investigate the applicants’ claims concerning alleged forced labour and human trafficking. In its judgement, the Court found that the state of Azerbaijan was aware that workers were potential victims of human trafficking and forced labour, and ordered that the workers be paid 5,000€ in compensation for non-pecuniary damage. Among the factors considered by the Court in finding that the work was extracted under the menace of penalty was the irregular status of the workers, including threats of immigration enforcement. The verdict raises hopes for other workers in the “SerBaz” case, in which about 700 workers from Bosnia and Herzegovina, Serbia and Northern Macedonia were exploited while working on the construction of state facilities in Baku, Azerbaijan.
UK High Court rules victims of trafficking should be granted leave to remain
The UK High Court has ruled that recognised victims of trafficking who are also asylum seekers should be granted leave to remain in the UK. Prior to the ruling, these victims could risk deportation to their country of origin, where they may be in danger of further victimisation. Because of this, many would seek international humanitarian protection in the UK and spend years in legal limbo before the resolution of their case. During that time they could not work, study or access mainstream benefits. See the full ruling here, and analysis from Free Movement here.