engleski

(Dis)Empowering Labour: EU Regulatory Framework on Decent Work for Female Migrants

Female migrant workers in under-regulated or unregulated sectors of employment such as domestic work, entertainment industry, sex industry, garment production and seasonal employment are frequently exposed to various forms of labour, financial and sexual exploitation by employers. This is particularly applicable to third country nationals in the EU whose residence status is dependant on the employment or tied to a specific employer. If migrants report abuse or exploitation by employers, they are swiftly deported and deprived of a possibility to use national legal remedies. The paper focuses on legal research whether European regulatory framework could be more conducive in empowering of female migrant work through improved protection against labour and sexual exploitation in precarious sectors of employment. It also explores whether the EU migration instruments guarantee a decent work. The main research method is qualitative research of conventions, regulations and jurisprudence of the European Court of Human Rights. Findings can be summarized along three main conclusions: 1. Insufficient focus on legal protection of female migrants in marginal sectors of employment in the EU leads to disempowering and gender inequality. 2. The EU common migration policy should establish minimum common standards of protection against labour, financial and sexual exploitation of female migrants due to their particular vulnerability to abuse. 3. National legislations of the EU Member States should be harmonized to include possibility to extend residence permit in a case of labor exploitation or any form of abuse suffered by the female migrant worker.

Employment law ; immigration law ; female migrants ; exploitation

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