New research shows that work permit rules facilitate exploitation of migrant workers in EU

In new transnational research on the living and working conditions of non-EU workers in the EU, the Université Libre de Bruxelles documents exploitation of migrant workers working in the EU under a combined residence and work permit (“single permit”).

Workers interviewed in Belgium, Czech Republic and Spain reported wage theft, illicit wage deductions, long working hours, and discrimination at the workplace and in accessing private housing.

In one case, a Brazilian dental assistant in Belgium paid around 40,000€ over three years to their employer, for taxes the employer should have paid themselves. In another case from the Czech Republic, a Filipino massage therapist reported that their employer retained the income support provided by the government during the COVID-19 pandemic and had the gall to offer loans to meet basic subsistence needs, that would have to be paid back, even though salaries were still owed.

The study shows how migrant workers are often made dependent on their employers by the application process and conditions of their permits. The short duration of the permit, complex procedures, and reliance on employers for applications, renewals and information were key issues in all countries.

Where the three countries differed – with different outcomes for workers – was on possibilities to change employer on the same permit. Where this is not possible, in Belgium, some workers endured exploitation and abuse for fear of losing their right to work in the EU.

In one case from Belgium, a medical secretary from Madagascar did not report the harassment she endured by her employer as she knew that it would affect the validity of her permit.

In Spain, on the other hand, permits are issued to workers on the basis of a particular job offer or contract, but the permit itself is not tied to any particular employer. Workers just have to show a minimum level of employment or income when they renew their permits. The research found some dependence on employers remained, but overall, the system enabled labour market mobility.

Lilana Keith, Senior Advocacy Officer at PICUM, said: “This research is part of a growing body of evidence that shows how the very design of work permit policies is contributing to appalling exploitation and dependency on employers of migrant workers. The revision of the EU Single Permit Directive is a crucial opportunity to address this across the whole region. EU policy makers are currently discussing this issue, and must grant a meaningful right for these workers to change employer on their existing permit : this is one of the most important tools we have to break the chain of dependency”. 

The author of the study makes several recommendations to address the exploitation and abuse of non-EU workers. Those most at stake in the current political negotiations on the EU’s Single Permit directive include: 

• Improve application and renewal procedures, in particular, reduce processing times and administrative requirements and costs;
• Reduce dependence on employers by allowing workers to make applications and renewals directly, and establishing direct communication channels between authorities and migrant workers;
• Facilitate the ability to change employer or seek alternative employment by:
  • granting a realistic period of time to be unemployed and look for a new job. Three months was found to be greatly insufficient;
  • providing an unimpeded right to change employer on the existing permit;
• Improve monitoring, inspection and complaints mechanisms, and guarantee that migrant workers can maintain their permit, or access a transitional permit, when their employer violates their rights.