Guide to Undocumented Workers’ Rights at Work under International and EU Law – 2022

of 3 months of work in the absence of proof to the contrary; and Compensation and certain procedural rights in the event of termination of the employment relationship, dependent on the specific situation, but equal to at least three month’s salary. [...] First, it ruled that the purpose of the Directive werknemersverzekeringen was to provide minimum protections across the EU in the event of employer insolvency, and that Member States could not define “employee” so as to circumvent Court of Justice of the European Union (CJEU) C-311/13, 2014 this purpose. [...] The highest Dutch court for administrative disputes (Centrale Raad van Beroep) stayed the case and referred it to the CJEU to clarify whether or not the Directive allows for the definition of an “employee” under national law to exclude undocumented migrant workers and therefore exclude them from the protections in the Directive, including in cases where there are alternative methods to recovery un. [...] Measures also include information and shelter or other appropriate interim of control over those persons, by means of the threat or use of force or other forms of accommodation (Article 9), safeguards in relation to restorative justice services coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of (Article 12) and individual assessments (Article 22). [...] vulnerability or of the giving or receiving of payments or benefits to achieve the consent (12) Member States shall ensure that competent authorities take appropriate measures of a person having control over another person, for the purpose of exploitation.” (Article to protect the privacy of the victim in criminal proceedings.