Do employers take advantage of undocumented migrants?

Many employers, both small and large, see undocumented migrants as being a source of cheap labour. The protection afforded such workers is non-existent and this includes meeting minimal wage legislation in their adopted countries.

Cheap migrant labour is a problem in all developed nations including the US and throughout Europe and it is essentially employer driven. Cases have been reported where employers have provided workers with forged documentation which they then go on to accept as valid evidence of the entitlement to work in an effort to avoid prosecution for illegally employing workers. The acceptance of documentation as valid, but which turns out to be forged, is the most commonly used reason employers use to escape prosecution.

The onus then falls on the migrant worker, who is already in a position of vulnerability and finds it increasingly difficult to escape from the cycle of enforced labour. They have no entitlement to bring cases against their employer for monies owed in respect of overtime or holiday pay or sickness benefits.

One country which has improved the situation for undocumented migrant workers, is France. In 2011, with the support of unions who also have strong social commitments, undocumented migrant workers who were eventually returned to their country of origin, saw a law passed in December of that year which imposed strong penalties on employers and burdens which ensured workers were paid compensation, taxes and back wages. The result has been a reduction in the number of people specifically being brought into the country to work before transporting them home when they were no longer required.