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The right to back payment of wages and/or compensation is one of the most important provisions to protect non-EU workers from exploitation and abuse. This includes those in an irregular situation. Non-EU workers are particularly vulnerable to wage abuses. They may experience delayed payment, underpayment, withholding of wages and unlawful deduction of wages, non-payment of wages and repatriation without receiving full wages. EU law contains a clear right to claim backpay and compensation for seasonal workers, posted workers, migrants with regular permits under the EU single permit directive and for non-EU workers in an irregular situation.
Workplace inspectors can help enforcing this right to backpay of wages and/or compensation in practice by:
- informing workers about their right to claim backpay and compensation and what it includes (e.g. outstanding remuneration, taxes and social security contributions, delay interests, administrative fines and other costs);
- facilitating the right to backpay and compensation of migrant workers;
- informing workers about existing non-judicial and judicial procedures to claim and enforce backpay and/or obtain compensation;
- informing workers about how to make a complaint with the labour inspectorate or other competent authority;
- being aware of the evidence needed to support migrant workers' claims for backpay and help collect and preserve this evidence;
- facilitating enforcement and the freezing and/or seizing of employers’ assets to guarantee payment of due wages, where allowed in national law;
- cooperating with trade unions and relevant civil society organisations that can contact non-EU workers whose wages have not been paid, especially if they have returned to their country of origin.