Kobalt Productions GmbH
1
août
2024

​Six points for workplace inspectors – EU law safeguards for non-EU workers ​

Migrant workers are particularly at risk of labour exploitation. Workplace inspectors play a role in protecting non-EU workers' rights. This report guides inspectors to identify abuse and protect migrant workers. In autumn 2024, FRA will publish a manual with extensive resources to support workplace inspectors.

The right to back payment of wages and/or compensation is one of the most important provisions to protect non-EU workers from exploitation and abuse. This includes those in an irregular situation. Non-EU workers are particularly vulnerable to wage abuses. They may experience delayed payment, underpayment, withholding of wages and unlawful deduction of wages, non-payment of wages and repatriation without receiving full wages. EU law contains a clear right to claim backpay and compensation for seasonal workers, posted workers, migrants with regular permits under the EU single permit directive and for non-EU workers in an irregular situation.

Workplace inspectors can help enforcing this right to backpay of wages and/or compensation in practice by:

  • informing workers about their right to claim backpay and compensation and what it includes (e.g. outstanding remuneration, taxes and social security contributions, delay interests, administrative fines and other costs);
  • facilitating the right to backpay and compensation of migrant workers;
  • informing workers about existing non-judicial and judicial procedures to claim and enforce backpay and/or obtain compensation;
  • informing workers about how to make a complaint with the labour inspectorate or other competent authority;
  • being aware of the evidence needed to support migrant workers' claims for backpay and help collect and preserve this evidence;
  • facilitating enforcement and the freezing and/or seizing of employers’ assets to guarantee payment of due wages, where allowed in national law;
  • cooperating with trade unions and relevant civil society organisations that can contact non-EU workers whose wages have not been paid, especially if they have returned to their country of origin.