The term ‘severe labour exploitation’ refers to all forms of labour exploitation that are criminal under the legislation of the European Union (EU) Member State where the exploitation occurs. The EU already has a solid legal framework that clearly proscribes labour exploitation, but implementation lags far behind. Article 5 of the Charter of Fundamental Rights of the EU prohibits all forms of slavery or forced labour, while Article 31 stipulates that every worker has the right to ‘fair and just’ working conditions. The research for this report was undertaken to identify the barriers to workers’ enjoyment of the fundamental right to decent working conditions in the EU.

Worker exploitation is not an isolated or marginal phenomenon. Consumers may come into contact with the results of severe labour exploitation when they buy potatoes or meat in a supermarket, stay at a hotel or eat in a restaurant, or drive past a construction site. Nevertheless, the phenomenon of worker exploitation in general has to date been the subject of less research than related phenomena, such as trafficking or forced labour. There is therefore scant evidence of the vast number of people who move from one EU Member State to another or migrate into the EU and areforced by their economic and social circumstances to accept working conditions far below recognised legal standards.

The extensive fieldwork and desk research conducted for the report aim to fill this knowledge gap, thus challenging the current climate of implicit acceptance of severe labour exploitation. The report identifies risk factors contributing to such exploitation and discusses means of improving the situation. These include prevention strategies such as increased workplace inspections and greater efforts on the part of EU institutions and Member States to tighten public procurement procedures to avoid inadvertently funding exploiters. There is also an urgent need for more targeted monitoring, as well as improved criminal justice responses, to reduce the number of ineffective investigations that do not result in prosecution. In addition, closer cooperation between institutions involved in monitoring, inspections, law enforcement, victim support and public prosecution is indispensable to tackle the challenges presented by worker exploitation. The report also stresses that greater efforts are necessary to enable and encourage victims to report cases of labour exploitation, for example by encouraging trade unions to take an active role in informing and assisting persons who move to work into the EU or to another EU Member State.

The media, politicians and other opinion makers also need to recognise their responsibility in shaping public discourse about labour exploitation. They should state that labour exploitation is a violation of human dignity and hence unacceptable, whether for their compatriots, for citizens of other EU Member States or for thirdcountry nationals. This sense of responsibility can be encouraged among all citizens through initiatives such as branding products and services that meet certain labour standards, thus allowing consumers to assess the likelihood of their purchases having been produced under exploitative work conditions. Creating a climate of zero tolerance is an essential first step in combating severe labour exploitation, as the combination of current failings can lead to a situation of endemic impunity for exploiters, resulting in a systemic failure to acknowledge victims and redress violations of their fundamental rights.

By allowing severe labour exploitation to spread across broad areas of the economy, from agriculture and construction through domestic work and the cleaning sector to tourism and catering, the EU not only tolerates serious violations of fundamental rights, but ultimately allows them to have a negative impact on the labour standards of all industries. The work of the national rapporteurs or equivalent mechanisms against trafficking in human beings in EU Member States, together with that of the EU AntiTrafficking Coordinator, has done much to address the phenomenon of trafficking in human beings for the purpose of labour exploitation – as it relates to trafficking. To this end, their work can be further bolstered to enable them to combat severe labour exploitation. If the EU and its Member States are serious about maintaining national and international labour standards, accepting systemic labour exploitation is not an option.

'Download the document'