By The International Organization for Migration (IOM)

This toolkit builds on the outcomes of two international exchanges on access to justice for migrant workers and victims of trafficking for labour exploitation and on an additional round of internal consultations, consolidated with IOM best practices and additional research inputs. Various relevant stakeholders from different European countries participated in the workshop, including law enforcement authorities, prosecutors, labour inspectors, trade union representatives, international organizations and civil society organizations, among others.

Produced under the framework of the MiRAC-funded project Enhancing IOM’s Protection Capacity in the EEA+ Region to Protect the Rights of Migrants Subject to Labour Exploitation, this document serves as a practical guidance tool for addressing the needs of migrant workers and victims of trafficking for labour exploitation in the European Union, as well as in Iceland, Norway, Switzerland and the United Kingdom. It was specifically developed to support national authorities, in particular, relevant labour, immigration, prosecution and counter-trafficking agencies, as well as other relevant stakeholders, such as civil society organizations and trade unions, to provide the tools needed to effectively support and empower migrant workers and victims of trafficking for labour exploitation.

Brussels: International Organization for Migration, 2023. 124p.

By Anna-Greta Pekkarinen, Saara Haapasaari, Anniina Jokinen, Anni Lietonen, Natalia Ollus

The report was produced by HEUNI as a result of their project in collaboration with the International Organisation for Migration (IOM) Regional Office for EEA, EU, and NATO. The project was part of their effort to sustain and scale private sector engagement to protect migrant workers in Europe. HEUNI conducted four regional mappings on sector-specific risks to migrant workers in European supply chain contexts in the sectors of agriculture, food processing, hospitality, and manufacturing.

The purpose of HEUNI’s four regional mappings was to gain a deeper understanding of the risks, gaps, and good practices related to protecting migrant workers, as well as the roles of both private and public sectors. HEUNI's findings were intended to inform and support businesses in advancing the rights of migrant workers in a wider European context. The report used information on the differences between different European regions and approaches to due diligence, corporate governance, and supply chains to identify ways to support businesses in their work concerning migrant workers’ rights.

Helsinki: HEUNI, 2023. 76p.

By Natalia Ollus, Anniina Jokinen

HEUNI’S SECOND STUDY on exploitation of migrant workers and trafficking in persons for the purpose of forced labour was published in 2013. The report “We’ve got people lined up behind the door”: Placing the Trafficking and Exploitation of Migrant Workers in Context in the Restaurant and Cleaning Sectors in Finland was prepared as part of an EU-funded project looking into the issue in Finland, Estonia, Lithuania and Sweden. The study was a follow-up to HEUNI’s first study on the topic, launched two years earlier, and aimed at providing a more in-depth analysis of selected sectors, recruitment methods and the business model of exploitation in Finland. In addition to research, the project organized multi stakeholder meetings to establish a dialogue between key labour actors. It also produced the first set of concrete guidelines for employers and recruitment agencies and other actors for the prevention of trafficking for forced labour and labour exploitation. The report kickstarted HEUNI’s work with businesses and corporate social responsibility, a topic which is today a core theme in HEUNI’s work and services. The report found that most migrant workers coming to Finland seek work due to economic reasons and many are willing to compromise regarding the employment and the working conditions, as long as they can earn more than at home. Recruitment of migrant workers in the restaurant and cleaning sectors is carried out either via recruitment and employment service companies or via relatives, acquaintances and word-of-mouth. The study uncovered several cases where migrant workers paid unreasonably high recruitment and placement fees in order to secure a job in Finland. Different forms of underpayment of wages were common, often in connection with poor terms of employment, irregular or excessive working hours, and difficult working conditions. The study argued that many of the exploited workers seemed to be weighing the pros and cons of disclosing their experiences of exploitation to the authorities versus the risk of losing their job, their means of income and perhaps even their residence right if they disclosed their experiences of exploitation. Similar findings have been made in more recent studies and media articles covering exploitation in cleaning and in the restaurant sector. The study “We’ve got people lined up behind the door” argues that the exploitation of migrant workers should be seen as part of a larger, structural context, where dishonest and exploitative actors engage in economic crime and distort free competition. Thus, exploitation is not a stand-alone, specific phenomenon, but part of a larger societal and historical development. In the report we also argue that a focus solely on trafficking for forced labour makes it difficult to see and understand the larger structural and contextual factors that facilitate exploitation of migrant workers. Trafficking does not take place in isolation from the larger context of exploitation of migrant workers. Therefore, exploitation can perhaps best be understood as a continuum rather than as clear-cut, separate phenomena. We also make many more arguments, which are still very valid and relevant. By relaunching the report in English as a standalone report, we hope it will find a new international readership.

Report Series no. 76b. Helsinki: HEUNI 2024. 170p.

Edited by Irina Isaakyan, Anna Triandafyllidou, Simone Baglioni

Through an inter-subjective lens, this open access book investigates the initial labour market integration experiences of these migrants, refugees or asylum seekers, who are characterised by different biographies and migration/asylum trajectories. The book gives voice to the migrants and seeks to highlight their own experiences and understandings of the labour market integration process, in the first years of immigration. It adopts a critical, qualitative perspective but does not remain ethnographic. The book rather refers the migrants’ own voice and experience to their own expert knowledge of the policy and socio-economic context that is navigated. Each chapter brings into dialogue the migrant’s intersubjective experiences with the relevant policies and practices, as well as with the relevant stakeholders, whether local government, national services, civil society or migrant organisations. The book concludes with relevant critical insights as to how labour market integration is lived on the ground and on what migrants ‘do’ with labour market policies rather than on what labour market policies ‘do’ to or for migrants.

Cham: Springer, 2023. 231p.

By Victoria Boelman, Dr Alessandra Radicati, Amelia Clayton, Sophie De Groot and Oliver Fisher

This research provides rich insight into the experiences of migrant workers in London and the barriers and challenges faced in accessing support and advice in relation to labour rights abuses and exploitation. It draws on interviews conducted by peer researchers, who are themselves migrant workers in London, as well as interviews with advice service providers, and desk research to map the advice sector in London.

London: The Young Foundation, 2023. 70p.

By Anna-Greta Pekkarinen, Anniina Jokinen

TRAFFICKING IN HUMAN BEINGS is largely a hidden form of criminali ty. As an example, it has been estimated in Finland that up to 90 per cent of human trafficking is undetected (Yle 23.3.2021). The overall picture of the phenomenon is bound to be limited because of this, and because the offenders continuously seek new methods and routes for their operations. Since the start of the ELECT THB-project, unforeseen events with a global impact have taken place. The COVID-19 pandemic affected the movement of people and potentially led to changes in the modus operandi of the perpetrators, as well as to changes in the detection of trafficking and exploitation. However, not much is yet known of the longer-term impacts of the pandemic on modus operan di or routes used by traffickers and facilitators. Furthermore, the geopolitical landscape of Europe changed rapidly in 2022 as a result of the escalation of the Russian invasion of Ukraine. In light of the ongoing war, particular attention has been paid in this report to the risk that Ukrainian refugees face of exploitation and trafficking. The countries covered in this report share similarities but also have their differences. Finland is primarily a country of destination in terms of human trafficking, whereas Estonia, Latvia, Poland and Ukraine are countries of origin, transit and destination. There are also differences in the size of the population of these countries, in their labour markets and in the social protection measures that are in place. The profiles of typical victims vary between the countries, ranging from their own citizens to labour migrants, asylum-seekers and undocumented migrants. Regarding labour exploitation, it has been established in all of the countries that migrant workers in particular may face exploitative recruitment and employment practices, especially in low-paid, low-skilled jobs. Perpetrators use different legal and illegal ways to conceal their activities, some of which are presented in this report. As for sexual exploitation, the role of the internet and technology has become increasingly important. This is all the more true as a result of the COVID-19 pandemic, which has restricted travel and in-person contacts and allowed for new ways of recruiting, controlling and exploiting vulnerable persons.

Helsinki: HEUNI, 2023. 94p.

  By Anni Lietonen and Natalia Ollus

  The guide has been prepared in connection with the Action plan for effective public procurement (i.e., the Procurement Finland Strategy), coordinated by the Min - istry of Finance and the Association of Finnish Local and Re - gional Authorities. The project was built on the objectives of the Social Sustainability Group operating as part of the Pro - curement Finland Strategy, which include the promotion of human rights in public procurement and respecting funda - mental rights at work. By combating labour exploitation and human trafficking as part of public procurement procedures, contracting units can contribute to preventing fraudulent ac - tivities and crimes, and to promoting the implementation of human rights and respect for the fundamental principles of working life. The proposed measures, views and interpretations presented in this publication represent the authors' views and do not necessarily reflect the official position of the par - ties involved in the implementation of the Procurement Fin - land strategy. This guide has been prepared for the public procurement context in Finland, and for the application of Finnish laws and instructions. However, public procurers and businesses from other countries can also benefit from the content of the guide. When implementing the recom - mendations in the guide, public contracting entities must ensure that their measures comply with the na - tional procurement and data protection legislations, the Act on the Contractor’s Obligations and Liabili - ty when Work is Contracted Out, including other key obligations.   

Helsinki: European Institute for Crime Prevention and Control, affiliated with the United Nations HEUNI, 2021. 61p.  

By Sam Scott.

“This book argues that it is time to define, and in the process identify solutions to, the problems of labour exploitation and work-based harm. The book is clear that extant legal frameworks are a necessary but not a sufficient condition for the successful completion of this task. Put simply, there is a tendency to look at exploitation and harm through a criminological lens. This is fine in so far as it tends to identify extreme forms of coercive exploitation and abuse. However, there are highly complex sets of employment relationships and experiences between the extremes of slavery, on the one hand, and decent work on the other.”

Policy Press (2017) 298p.

By Hannah Lewis, Peter Dwyer, Stuart Hodkinson and Louise Waite

Forced labour, exploitation and asylum. “Based on international law, forced labour involves a situation in which a person is forced to work or provide a service under the ‘menace of any penalty’ and for which they have not offered themselves ‘voluntarily’ (ILO, 1930, Article 2). Forced labour cases are deemed to be distinguishable from more generalised forms of labour exploitation by the existence of various forms of coercion by one or more persons on the worker who at the same time lacks a ‘real and acceptable alternative’ to the abuse involved (ILO, 2005, p 21). As this book will demonstrate, while forced labour is often conflated or confused with human trafficking…..”

Policy Press (2019) 234p.

By Pekka Ylinen, Anniina Jokinen, Anna-Greta Pekkarinen, Natalia Ollus, Katja-Pia Jenu

Identifying and investigating labour exploitation and trafficking is a challenging task. These are often international crimes in which migrant workers from one or more countries are brought to a third country, where their vulnerable position and ignorance are exploited by the offenders in multiple ways. Labour exploitation is found particularly frequently in labour-intensive sectors such as restaurants, cleaning, agriculture and construction (e.g. Jokinen et al. 2011; Ollus et al. 2013; FRA 2015). The offenders seek to conceal their criminal activities in any way possible and intimidate their victims so that they do not dare speak out about being exploited. Ultimately, the motive underlying labour exploitation is maximising financial profits. Unfortunately, labour exploitation can be highly lucrative, particularly since the risk of being caught is usually quite low. (Jokinen & Ollus 2019.) The present investigation tool was developed in the EU-funded FLOW project1 , whose target group comprises of criminal investigation authorities and labour inspection authorities in Finland, Bulgaria, Latvia and Estonia. Its purpose is to increase awareness of labour exploitation and trafficking and to offer concrete steps in identifying and investigating these phenomena. The tool is based to a large degree on the experiences of the Finnish police and labour inspection authorities, because the number of cases identified in Finland of labour trafficking that have led to convictions for trafficking for forced labour is exceptionally high by European standards. The investigation tool briefly describes the progress of police investigations from the initial impulse to practical arrangements at the trial and action taken thereafter. The tool further illustrates features of identification and investigation through practical examples. There is also a separate checklist for labour and other relevant inspectors on how to identify potential cases of labour trafficking and exploitation during inspections and how to proceed with suspicions by contacting the police and or other authorities and national service provider(s) for victims of trafficking.

Helsinki: European Institute for Crime Prevention and Control (HEUNI) 2020. 72p.