Migration of employees – can we pass an exam of workers‘ rights and human dignity?

By Daiva Kvedaraitė

A meeting of experts of a project „Testing EU citizenship as „Labour citizenship“: from cases of labour rights violations to a strengthened labour right regime“ was held in Vilnius on 29th October 2015.

All workers from the EU are supposed to have same rights across the whole EU, but in reality, all workers moving in EU labour market face the employment, payment for work and other challenges. It is noted that the low-qualified and low-paid workers, often in form of seasonal work, are the most vulnerable.

Work and principle of free movement remain the most essential aspects of EU citizenship especially during the economic recession or slow economic growth. Project presenter Dr. Karolis Žibas described a conception of modern slavery; at first, it is evidenced as human exploitation and extreme exploitation. Its later stage is human trafficking and slavery. It is reluctantly spoken about human exploitation in civilized countries, including Lithuania. Usually the success stories of migrants are shown, but there are only few such persons.

Representative from United Kingdom Mr. Darryl Dixon reported about exploitation of migrant workers in the UK. Particularly large number of violations and cases of workers‘ exploitation are recorded in agricultural sector. Ms. Virginija Petrauskaitė, residing in Ireland for more than ten years and representing Migrant Rights Centre Ireland, reported about the labour law and migrant situation in Ireland. She mentioned the agricultural sector, as especially frequent cases of workers‘ exploitation were recorded in companies engaged in field mushroom growing. Currently many issues arise in car wash companies group developing a new business area called „fast car wash“, as well as in children and social care sector.

Both speakers mentioned that it is very important to involve local communities, media and local labour inspector into the problem solution process. It is essential to inform the people. Many emigrants do not know their rights; there are emigrants who do not know a language or have proper education, thus it is easy to trick them.

Deputy Chairman of Lithuanian Trade Union „Solidarumas“ Mr. Audrius Cuzanauskas presented the attitude of trade unions to worker‘s emigration. He mentioned that both Lithuanian citizens and foreign nationals arrived to work in Lithuania experience violations of the labour rights in Lithuania. Residents of Lithuania working abroad do not apply to trade unions very often, but the transport sector employees, particularly truck drivers can be distinguished. They apply for the violations of work and rest regime, as well as salary issues. The same issues arise for nationals of third countries arriving to work in Lithuania. Many of them arrive from Eastern countries and Ukraine. A. Cuzanauskas presented two projects implemented by trade unions with their partners in the field of worker‘s posting. An objective of the projects is to promote the cooperation among social and administrative partners of three Baltic states, by information exchange and consultations on worker‘s posting.

There is an increasingly arising question whether the united European market and four freedoms (free movement of goods, services, capital and persons) is an chalange or opportunity. Currently many migrants from Southern countries flood Europe. It is one more challenge to comprehend for all society, politics, employers and trade unions.

Particular story with sad ending

After becoming a member of European Union Lithuania actively operates in helping other Eastern European countries to approach the European Union. Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova, and Ukraine are six countries that participate with European Union through Eastern Partnership. Georgia, Moldova and Ukraine approached EU closer and signed Association agreements, as well as trade agreements. An important priority of Lithuanian foreign policy is good relationships with countries of Eastern Partnership and assistance in implementation of political, economic and social reforms.

As we know, many migrants arrive to EU from both Southern and Eastern countries. Lithuania is attractive for jobseekers from Eastern European countries, because of imperceptible language barrier and common cultural and historical past.

Transport sector is essential business field in Lithuania and Europe; there are always a lack of truck drivers and workers arrive to Lithuania to fill missing job places and many of them are Ukrainians. One of them is recently buried J. S. - a man who arrived to Lithuania from Lugansk, looking for work. He wanted to earn and repair his house damaged during the shootings. J. S. was employed as truck driver (in one of the companies). Unfortunately, he did not receive a promised 1000 Euro monthly pay. He spent the first four months driving in European roads and staying in a truck; his pay was 1100 Euro (for all four month of work). Then he spent one month at home in Ukraine and got 500 Euro for three more months of work. On 3rd September, J.S. was returning to garage after a trip; he felt bad and colleague called an ambulance. Heart surgery of J.S. has been performed here in Vilnius. Unfortunately, J. S. died on 19th October after a month in coma. I met a widow of J. S. on 21st October who spent the whole month in Lithuania watching her husband at hospital. She did not see Vilnius, Lithuania, and left Lithuania in pain. What information about work relations and employer‘s behaviour did she get? To put it mildly, information is not the best. She begged her husband to come back to Ukraine upon finding out his real salary and working conditions. J. S. hoped the things would improve. Widow of J. S. had unpleasant experience and conversations in the former workplace of her husband. Finally, company allocated an allowance.

It seems this story is not final as there could be litigations. It is not a first case when cargo transportation companies pays lower salary than it was agreed. The drivers have to work and live in pressure, they have insufficient rest periods, and sleep in a cabin of vehicle. All of these conditions wear an organism.

Life in a truck for a few months without an opportunities or with limited opportunities to use sanitary facilities, have hot food, etc., violates Article 31 of Charter of Fundamental Rights of the European Union which states that „every worker has the right to working conditions which respect his or her health, safety and dignity“.

European perspective of this situation makes it obvious that an experience gained in Lithuania and other EU countries has a response in neighbouring countries, with which the priority of Lithuanian foreign policy is good relationships. The values shall not only be declared; they have to be visible in our daily behaviour and mutual relationships. In this case, it is obvious that there is a lack of labour relations culture, social partnership, and respect for hired employee in Lithuania. Lithuanians and foreigners who arrive for a better life and pay perceive this gap.