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This chapter focuses on the European hospitality sector, starting with a status quo overview of key features of the sector and its workforce, as well as features of the sector in Belgium and Finland, which have witnessed cases of severe exploitation of migrant workers, in particular in restaurants. Challenges and risks, as well as examples of good practice, are presented next. The mapping concludes with recommendations for policymakers and private sector entities.

This chapter focuses on the European hospitality sector, starting with a status quo overview of key features of the sector and its workforce, as well as features of the sector in Belgium and Finland, which have witnessed cases of severe exploitation of migrant workers, in particular in restaurants. Challenges and risks, as well as examples of good practice, are presented next. The mapping concludes with recommendations for policymakers and private sector entities.

1996

ANNEX A. RELEVANT LAWS AND REGULATIONS

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Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services

2009 Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying thirdcountry nationals

2011 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA

2014 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers

2014 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (European Union) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’)

2014 Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups

2019 Directive 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain

2019 Directive 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union

2020 European Parliament resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (2020/2664(RSP)).

2020 Communication from the Commission. Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak (2020/C 102 I/03).

2021 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of Directive 2009/52/EC of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (COM(2021)592).

2021 Proposal for a Directive of the European Parliament and of the Council amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (European Union) No 537/2014, as regards corporate sustainability reporting (COM/2021/189 final).

2021 Proposal for a Directive of the European Parliament and of the Council on improving working conditions in platform work (COM/2021/762 final).

2022 Proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (European Union) 2019/193

Finland

2004 Aliens Act (301/2004).

2021 Act on Amendments to the Aliens Act (554/2021).

practices from the agriculture, food-processing, manufacturing and hospitality sectors

Germany

2008 Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory, 25 February, last amended 17 February 2020.

2009 Act on Mandatory Working Conditions for Workers Posted Across Borders and for Workers Regularly Employed in Germany, 20 April, last amended 10 July 2020.

2021 Act on Corporate Due Diligence Obligations in Supply Chains (Lieferkettensorgfaltspflichtengesetz, LkSG), 16 July.

Italy

2016 Provisions on combating the phenomena of undeclared work, labour and wage realignment in the agricultural sector (Law No. 199/2016, Provisions to address the phenomenon of undeclared work, labour exploitation and wage adjustment in the agricultural sector).

Netherlands (the)

2015 Act on Sham Arrangements (Wet Aanpak Schijnconstructie, WAS).

United Kingdom

2015 Explanatory memorandum to the Modern Slavery Act 2015 (Transparency in supply chains) regulations 2015 (2015 No. 1833).

REFERENCES

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Mapping Risks to Migrant Workers in Supply Chains in Europe