Eurojust has published a report on prosecuting THB for the purpose of labour exploitation. The findings of the report are based on the analysis of, inter alia, 32 judgements from 11 countries and 17 cases registered at Eurojust as Trafficking in Human Beings (THB) for labour exploitation.
Convictions for THB for the purpose of labour exploitation do not reflect the magnitude of the phenomenon, mostly due to difficulties in proving the ‘exploitative purpose’. To assist practitioners investigating and prosecuting this specific crime, Eurojust’s report on prosecuting THB for the purpose of labour exploitation intends to be a source of information on indicators of labour exploitation resulting from national case law, and to highlight best practice in judicial cooperation as identified through the analysis of Eurojust’s casework.
The report identifies seven indicators of the labour exploitation purpose:
- poor living and working conditions
- coercion and limitations on freedom of movement
- language limitations
- seizure of identification documents by or on behalf of the employer
- illegal or irregular entry into or residence in the forum State
- bondage debt
- no, or limited, medical insurance and social security contributions
The report provides a brief overview of THB for labour exploitation cases handled at Eurojust, on the basis of which some of the challenges faced by the involved countries are described. Best practice in judicial cooperation as well as the possible assistance of Eurojust are emphasised, namely through facilitating the prompt exchange of information, organising coordination meetings and coordination centres, assisting in the setting up of JITs and funding thereof, and assisting in the execution of Letters of Request.
The full report is available here.
For further information, please contact the THB Project Team at THBProject@eurojust.europa.eu.
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