Worker complaints mechanisms are inadequate, inaccessible and ineffective
PICUM produced a summary report of findings regarding implementation of the rights provisions in the Employers Sanctions Directive in Belgium and the Czech Republic.
The Employers Sanctions Directive also includes provisions to ensure rights of undocumented workers such as the right to make claims for outstanding payments (Article 6).
It is striking that there is only one known case across the two countries in which a worker has been able to claim unpaid wages in line with the provisions of the Directive.
Although the labour inspection and legal systems differ from country to country, the main finding that complaints mechanisms are inadequate, inaccessible and ineffective, and the major barriers, resonate with the experiences of PICUM members across the EU.
One of the biggest issues is that, by lodging a complaint, undocumented migrant workers risk retaliation from employers, loss of income, and detention and deportation. Following inspections, it remains common practice to issue removal orders and detain undocumented workers without examining the violation of their labour rights.
To read the full summary report of findings in the two countries, click here.