Labour and employment law

In some, but not all, European countries labour and employment law afford trafficked persons legal redress for the wrong suffered. Legal remedies and compensation through labour law, however, are often only available to individuals who have endured forced labour exploitation in formal work sectors.

Individuals who are victims of sexual exploitation are generally not able to access labour las to obtain compensation, as many governments do not recognise prostitution as legitimate work.

The existence of rights under labour law may also depend upon the individual’s immigration status. In several countries in Europe undocumented workers are not entitled to remedies under labour laws because the employment contract would be considered void and unenforceable.

In some countries exploited irregular migrants, including trafficked persons, can claim unpaid wages, based on 6 months minimum wages as promoted in Article 6 in the Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals.