In this presentation, the legal framework and policy measures concerning unlawful employment of migrants in Austria will be mapped, and the scope of unlawful employment identified. The presentation then focuses on the risk of exploitation and the (production of) vulnerability of unlawfully employed migrants. It shows that, especially during the COVID-19 pandemic, an increased risk of exploitation and a rise in existing vulnerabilities occurred.

The presentation also highlights that foreign nationals have the same legal rights towards their employer as Austrians, irrespective of their residence permit and regardless of whether they have a valid employment contract or not. Hence, they have access to the same support services and complaint mechanisms. A key finding that will be presented highlights that in practice, however, asserting and enforcing their rights is seen as a major challenge since unlawfully employed third-country nationals make very little use of the existing mechanisms.

This country case is based on an analysis of national statistics, policy documents, and legal frameworks for the employment of migrants, as well as secondary literature. In addition, interviews with experts from governmental and non-governmental organizations are relied upon.

The prevention of unlawful employment of third-country nationals has been a topic of recurrent debate in the Belgian Federal Parliament, and the media frequently reports on cases of labour exploitation, uncovered, notably, in the construction sector. Such occurrences, as will be highlighted in the presentation, point out the challenges posed by complex subcontracting chains and the growing phenomenon of posted workers, making the detection of unlawful practices difficult.

The presentation also emphasizes that third-country nationals in situations of unlawful employment face significant vulnerabilities. While various complaint mechanisms exist, practical barriers such as a lack of information, language, and limited incentives (the only real compensation for the worker being the recovery of unpaid wages) hinder their effective use. Depending on their situation, unlawfully employed third-country nationals also risk losing their work and/or stay permits, and can face removal from the territory. The presentation eventually highlights current policy developments: recent (nonbinding) recommendations by the newly established Special Parliamentary Commission on human trafficking include promising ways forward, such as the creation of a ‘safe desk’ to centralise information and complaints, or the full transposition of the EU Sanctions Directive. A revision of the Belgian Social criminal code is planned, including penal sanctions for employers involved in these practices. Policy effects, including the impact for migrants, will depend on the implementation though, as the presentation concludes.

This country case is based on an analysis of national statistics, policy documents, and legal frameworks for the employment of migrants, as well as secondary literature. In addition, interviews with experts from governmental and non-governmental organizations are relied upon.

Italy has been reinforcing the fight against unlawful employment of third-country nationals through the approval of laws, national plans and inter-institutional cooperation provided at every level against exploitation and undeclared work, demonstrating concrete commitment and putting forward a multilateral strategy. This presentation discusses the pillars of this policy programme including national plans such as the National Plan for the Integration of Beneficiaries of International Protection, the National Plan of the Asylum, Migration and Integration Fund 2021-2027, as well as the National Plan for the Emergence of Undeclared Work 2022-2025.

The presentation also discusses the recent development of paying particular attention to fragile and vulnerable workers. A focus lies further on the connection between labour policies and successful integration in the country of arrival. Additionally, this presentation argues that projects in countries of origin, which aim to train workers before they arrive in Italy, ensure greater preparation and awareness of their rights.