1. Coordinating the Network of EU Agencies 2015 Regulation of labour market intermediaries and the role of social partners in preventing trafficking of labour Christian Welz and Andrea Fromm WCIR 4th Conference on Regulating for Decent Work Conference ILO, Geneva 8 July 2015

2. Coordinating the Network of EU Agencies 2015 THE PROJECT

3. Coordinating the Network of EU Agencies 2015 Objectives To map the current situation in the different Member States regarding the regulation of temporary work agencies and intermediaries To identify social partner initiatives aiming to prevent trafficking of labour

4. REGULATION OF TEMPORARY WORK AGENCIES AND INTERMEDIARIES

5. Coordinating the Network of EU Agencies 2015 DIRECTIVE 2008/104/EC on temporary agency work Purpose of the Directive: protection of temporary agency workers improve the quality of temporary agency work through applying the principle of equal treatment

6. Coordinating the Network of EU Agencies 2015 Legislation and regulation of LMIs in the EU and Norway Registration with national employment agency Obtain a licence, permit or certificate Maintain insurance or bank guarantee ( to ensure payment of wages and social security contributions) Comply with special reporting and inspection regimes Proof of completed education and/or work experience Proof of not having been convicted in the past Proof of citizenship in an European Economic Area (EEA) country Provide working conditions equal to those recruited directly by the enterprise (linked to cross-border recruitment and liability of wages) Refrain from charging fees from the prospective employee

7. TRAFFICKING OF LABOUR AND SOCIAL PARTNER INITIATIVES

8. Coordinating the Network of EU Agencies 2015 DIRECTIVE 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims Purpose of the Directive: Establishment of minimum rules concerning the definition of trafficking as a criminal offence and related sanction Introduction common provisions to prevent the crime and to protect the victim

9. Coordinating the Network of EU Agencies 2015 LURED BY A JOB, TRAPPED IN FORCED LABOUR

10. Coordinating the Network of EU Agencies 2015 Working definition: Trafficking of labour ActionMeansPurpose the recruitment threat or use of forceExploitation, i.e. transportationother forms of coercionprostitution of others transferabduction other forms of sexual exploitation harbouring fraud forced labour or services receipt of personsdeception slavery or practices similar to slavery abuse of power servitude abuse of a position of vulnerability removal of organs bribery or corruption to exercise control

11. Coordinating the Network of EU Agencies 2015 Social partner activities Framework agreement: BG-DE Complaint desks/mechanisms: CY RO NL Cross-border cooperation: BG-DE Establishment of contact points for migrants: AT SE ES Information networks and education: BG-DE RO SI ES HU- UK-RO Analysis of mobility of workers: IT Creation of web platforms: BG Codes of conduct for TWAs: DK IT SE SK IE Cooperation between TWAs: CZ

12. Coordinating the Network of EU Agencies 2015 Good practice example: The Czech Republic A tripartite approach Special agreement on cooperation bet. TU and Emp. Collective agreement at Skoda between TWA and TU providing for similar WC as other employees Setting up of a national tripartite working group (at the Council for Economic and Social Agreement) Increased inspection activities Development of a blacklist in CZ

13. Coordinating the Network of EU Agencies 2015 Questions and comments? Andrea Fromm andrea.fromm@eurofound.europa.eu