Third-country nationals vulnerable in EU labor market
Employees from non-EU countries within the European Union often find themselves in a dependent and vulnerable position, according to Dr. Jan Cremers of TIlburg Law School in a working paper for the EURODETACHEMENT project. He describes their situation in the EU labor market therein.
In the paper, Cremers also addresses the conditions for access to the labor market for third-country nationals, employment and integration, the legal framework governing the employment relationship and access to social security, and what problems arise in enforcing their rights.
Third-country nationals who are recruited and immediately seconded to another EU country upon entry are "like soft wax, very malleable," according to Cremers. They have no idea where they are going, what their rights are, often do not know who their employer is, and how long the secondment will last. They probably do not know what secondment is or who to turn to in case of violations.
This can only be avoided if strict conditions are mandatory from the beginning of the recruitment process, Cremers states. Recruitment policies should be based on clear labor standards, effectively regulated, monitored, and enforced nationally and cross-border. The rights of all workers must be protected, and human trafficking and forced labor prevented.
The thin line between enforcing the rights of third-country nationals and applying a (restrictive) migration policy can lead to a balancing act between protection and expulsion in cases of sham arrangements. In such a situation, it is necessary to establish enforcement procedures and reporting mechanisms that prioritize the protection of third-country nationals.
The report is available in English and French at Euro-Détachement (eurodetachement-travail.eu).