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Severe Labour Exploitation SELEX
A number of Lithuanian citizens worked on farms as pickers in the Lincolnshire area of the UK, a region well known for its agriculture. They were subjected to very poor living and working conditions by a Latvian gangmaster, including living in 'sheds' with limited access to hygiene facilities and limited contact with the outside world. The victims came from severely impoverished backgrounds. The situation was being monitored by the Gangmasters Licensing Authority (GLA), as it was clear that exploitation was being carried out. No criminal charges were, however, brought against the offenders and there was no redress for the victims, as they were not found to have been trafficked and so had no access to justice or support through the National Referral Mechanism.
In 2007, a group of 68 men and women from China were recruited through a Finnish recruitment company on behalf of a Finnish cleaning business. A Chinese recruitment company was also involved in the process, which collected €8300-€13000 in recruitment fees. The workers did not speak Finnish or English and so did not understand the contracts they signed. The perpetrators were finally prosecuted on extortionate work discrimination and aggravated usury. Charges were, nevertheless, dropped as there was a lack of evidence and the recruitment company was found not to have acted on behalf of the employer. The victims did not receive any compensation and had to pay part of the legal fees.
A Bulgarian couple worked on a farm in France picking fruit and vegetables. They were posted by a Bulgarian employer, lawfully employed by means of a labour contract in their native language, and had a lawful residence and employment status in the receiving country. Nonetheless, they were subject to extremely exploitative conditions of work and living. Although they worked for five months, they were paid for only six weeks. They worked for 15-16 hours daily. They were made to pick vegetables in the cold rain; they did not have the means to buy warmer clothes to suit the weather, and were not given any. The price of their return flight tickets was deducted from their salaries.
A third-country migrant of eastern European origin went to Belgium in 2013 to work in construction in an irregular situation of residence. He had to endure poor working conditions, such as long working hours and significant underpayment. With little knowledge of the local language and Belgian institutions, he refrained from reporting his employer for fear of losing his job and his income, and getting into trouble with the authorities because of his irregular status.
These are only four of the 217 case studies identified as part of the EU Agency for Fundamental Rights (FRA) report on Severe Labour Exploitation (SELEX) of workers moving within or into the EU, indicating the many faces and forms of SELEX.
The practitioners interviewed during the fieldwork perceived an attitude among the general population in European societies of tolerating labour exploitation of workers from other countries. Such workers are seen as voluntarily accepting -albeit because of their poverty and marginalisation- work under conditions that are exploitative. A lack of clear understanding of SELEX by practitioners who intervene in relevant situations also contributes to exploitative situations not being perceived or prioritised.
The exploitation in the domestic work sector, for example in cleaning and caring for children or the elderly, has emerged for the general public as a grey area, potentially blurring the line between morally acceptable and unacceptable practices.
Experts' interviews pointed out that the tasks of public authorities in controlling migration on the one hand and acknowledging and supporting victims of severe exploitation on the other can lead to conflicting roles and requirements. Labour inspectors and police officers should be briefed and trained to give priority to the fundamental rights of victims over issues of public order when confronted with a situation of severe exploitation of third-country nationals in an irregular situation.
They also highlighted the need for close cooperation between public authorities and NGOs. Such cooperation should be based on a shared understanding of SELEX and the legal framework.
According to FRA, the effective cooperation between public and private organisations is essential and should be based on a shared understanding of the problems caused by labour exploitation, of the fundamental rights at stake and of the interventions required.
"Consumers who are concerned about humane working conditions should have a right to know when they buy a product that comes with a serious risk of having been produced in exploitative conditions," FRA stated.
SELEX & Shadow Economy