C Explanatory memorandum by Ms Arusyak
Julhakyan, rapporteur
1. First of all, I wish to congratulate
Ms Ada Marra (Switzerland, SOC) on the excellent and timely report she
has prepared for the Committee on Social Affairs, Health and Sustainable
Development.
2. It is of the utmost importance to ensure dignified working
and living conditions for migrant seasonal workers and domestic
migrant workers (hereinafter “migrant workers”) as mentioned in
the report prepared by Ms Diana Stoica (Romania, ALDE) for the Committee
on Migration, Refugees and Displaced Persons, entitled “precarious
and irregular work situations of seasonal migrant workers and migrant
domestic workers”, . In her report, my colleague has detailed the
root causes that have led to a high degree of precariousness and
irregular working conditions among migrant workers, such as low
or absent remuneration, excessive workload, harassment, lack of
social security coverage and social rights, degrading and isolated
accommodations, lack of safety, obstacles to trade union membership,
and limited access to justice.
3. Indeed, the increasingly precarious and irregular work situations
in which many migrant workers may find themselves have been facilitated
by poverty or adverse economic conditions in countries of origin
on the one hand, and by European agricultural and domestic work
sectors becoming increasingly dependent on such an abundant foreign
workforce on the other. Moreover, migratory trends, bilateral agreements,
historical, but also geographical and cultural factors have favoured
these migration movements as well. Finally, false promises by recruitment
agencies and employers, such as higher remuneration, social security
coverage or access to social services, may have also led migrant
workers to accept seasonal work offers.
4. As mentioned by the rapporteur of the Committee on Social
Affairs, Health and Sustainable Development, “invisible workers”
represent a huge workforce. This is notably the case in the agricultural
and domestic work sectors. The situation of migrant seasonal workers
has been aggravated by cumulative factors, especially the limited
nature of seasonal work contracts, language barriers, and lengthy
and cumbersome procedures for obtaining work permits (Amendment A). This is further exacerbated
in the case of domestic migrant workers for whom inspections are
difficult and employers often reluctant to pay taxes and social security
contributions (Amendments A and B).
5. The Parliamentary Assembly has already adopted resolutions
and recommendations with regard to migrant workers, such as the
ones rightly underlined by the rapporteur. In this respect, I would
suggest adding Resolution 1922 (2013) and Resolution 2323 (2020),
both of which considered human trafficking as the most severe form
of exploitation (Amendment C).
6. As also rightly mentioned by the rapporteur, the provisions
relating to the legal status of victims of criminal labour exploitation,
trafficking in human beings and other violent crimes should be simplified
by member States. The Assembly should more broadly recommend member
States to guarantee legal assistance and protection to migrant workers
in such situations, including by granting a temporary residence
permit in the context of legal pursuits, the right to appeal to
an independent body, the right to obtain adequate compensation, and
the right not to be retaliated (Amendment D).
7. Invisible workers who submit an application for regularisation
should, as underlined by the rapporteur, be able to appeal in the
event of a negative response by the administrative decision-making
body or by an authorised third party. One should however make clear
that such an appeal must be possible before a body independent from
governmental institutions, especially from administrations dealing
with migrants and migrant workers’ status (Amendment E).
8. Finally, the rapporteur recalls the urgency for member States
to fully implement the Council of Europe Convention on Action against
Trafficking in Human Beings (CETS No. 197) as well as the Committee
of Ministers Recommendation CM/Rec(2022)21 on preventing and combating
trafficking in human beings for the purpose of labour exploitation.
Member States should also be invited to sign and ratify the European Convention
on the Legal Status of Migrant Workers (ETS No. 93), considering
the relevance of this text concerning the undocumented migrant workers
(Amendments F and G).
