Forced illegal labour: practices in the blind spot of repression//

Funding:

Conseil régional de la Nouvelle Aquitaine

Project's holder:

Duration:

3 years - April 2019 - January 2023

Abstract:

Today we see very few criminal sanctions for forced labour or, more widely, all the different practices that put pressure on workers in illegal situations. And yet, whether it be in the catering industry, agriculture or public works in particular, criminal practices have been identified whereby the heads of companies or intermediaries recruit workers in an illegal situation and subject them to working conditions that go against all the standards in force (lack of pay, social protection, non-compliance with health and safety rules, no holidays, etc.).

The working hypothesis formulated is that this situation is mainly explained by a poor grasp of these practices by professionals.  As a priority, they tend to pick up on the offences that are the easiest to substantiate, namely those that infringe the interests of the State (failure to declare workers and pay social contributions) or unpaid working and working and accommodation conditions contrary to human dignity (Articles 225-13 and 14 of the Criminal Code).

The project will therefore be divided into three strands.

The first will aim to improve understanding of the processes that are criminal offences which are involved in forcing individuals who are in an illegal situation to work.  These processes are numerous and the criminal methods employed change very quickly, on the technical and the geopolitical front. It is therefore essential to compare the national and European rule of law with the practices currently being used. Improving knowledge of the groups/individuals involved in these criminal activities will provide precious assistance in improving the conduct of investigations, identifying the most appropriate charges that can be brought against the perpetrators and in offering the victims the most appropriate type of help in view of the abuse suffered.

The second will involve analysing the practices of professionals, identifying with the actors concerned by the issue in question and in the light of proceedings that that have resulted in convictions the charges brought, the choices made in terms of the investigations and the priorities for public policy.  These choices will be compared to the criminal charges that could have been envisaged.

The impacts of the choices actually made will be studied, both in terms of the punishments and therefore the protection of legally protected values, but also in terms of the protection of victims’ rights. On this last point, victims’ theoretical rights, and in particular those guaranteed at European level, will be compared with those actually upheld in view of the procedural choices made.

The final strand will concern the devising and delivery of training based on the information gathered by strands 1 and 2 of the project. The aim is to raise awareness, inform and provide practical tools through the implementation of training sessions, for the actors confronted with situations involving forced labour: investigators, judges and prosecutors, labour inspectorate, associations specialised in victim support.

Further down the line, training courses on contemporary forms of exploitation will be developed for social workers, healthcare workers, support workers, trade unions and associations with an interest in such matters.

Information note on personal data