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Protection of Migrants against Labor Exploitation in the Regulation of Migration in the EU

  • Gerrie G. LodderEmail author
Living reference work entry

Abstract

The European Union (EU) is dedicated to the battle against human trafficking in general and labor exploitation as a specific form of human trafficking in particular. Article 5 (3) of the Charter of Fundamental Rights contains a prohibition of human trafficking including labor exploitation. The EU directive against human trafficking is more elaborated than the Palermo Protocol against human trafficking both in the definition of human trafficking as in the protection offered to victims.

Also in the legislation and policies regulating labor migration from third-country nationals into the EU as well as the regulation of intra-EU labor migration, attention is paid to the exploitation of labor migrants. However the regulation of labor migration is not only directed at the social protection of migrants, but it is also – and some claim predominantly – meant to contribute to the economic benefits of the Member States, and, as far as intra-EU migration is concerned, to promote the freedom of workers, self-employed persons, and services. This double purpose creates tensions between Member States and leads to the risk of labor exploitation. The purpose of this contribution is to analyze the EU legislation on labor migration and to expose the risks for – and opportunities to protect migrants from – labor exploitation in the legal framework regulating labor migration in the EU.

Keywords

Migration Labor exploitation EU law 

References

  1. Bernaciak M (2014) Social Dumping and the EU Integration Process, ETUI Working Paper 2014.06. Available at SSRN: https://ssrn.com/abstract=2512684 or  https://doi.org/10.2139/ssrn.2512684
  2. Costello C (2015) Migrants and forced labour: A labour law response, in: Bogg A E.A. (eds), The autonomy of labour law, Oxford, Portland Oregon: Hart PublishingGoogle Scholar
  3. Costello C and Freedland M (2014) Migrants at work. Immigration and Vulnerability in Labour Law, University Press, OxfordGoogle Scholar
  4. Gallagher A T (2010) The International Law of Human Trafficking, University Press, CambridgeGoogle Scholar
  5. FRA (2015) Severe labour exploitation; workers moving within or into the European Union. States’ obligations and victims’ rights. Publications Office, LuxembourgGoogle Scholar
  6. Fudge J and Herzfeld Olson P (2014) The EU Seasonal Workers Directive: When Immigration Controls Meet Labour Rights, European Journal of Migration and Law 16 (2014) 439–466CrossRefGoogle Scholar
  7. Middelburg A and Rijken C (2011) The EU Legal Framework on Combating Trafficking in Human Beings for Labour Exploitation, in: Rijken, C (ed) (2011) Combating Trafficking in Human Beings, Wolf Legal Publishers, Nijmegen, p. 355–391Google Scholar
  8. Groenendijk K (2015) Equal Treatment of Workers from Third Countries: The Added Value of the Single Permit Directive, in: Minderhoud P and Strik T (eds) (2015) The Single Permit Directive: Central Themes and Problem Issues, Wolf Legal Publishers, OisterwijkCrossRefGoogle Scholar
  9. Rijken C (2015) Legal Approaches to Combating the Exploitation of Third-Country National Seasonal Workers, The International Journal of Comparative Labour Law and Industrial Relations 31, no 4 p. 431–452Google Scholar

Copyright information

© The Author(s), under exclusive license to Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.Institute of Immigration LawLeiden UniversityLeidenThe Netherlands

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