In all three countries, the provision of compensation is a problematic area of criminal justice; the process takes a long time, and the award of compensation depends on the ability of the court to seize the assets of the trafficker. [...] A small-scale case law review revealed a lack of labour exploitation cases in general, and regarding Asian victims in particular.15 The jurisprudence related to the exploitation of Asian migrant workers in the three countries, and in Europe generally, is scarce, which reduces the possibilities for judges and other legal professionals to base their reasoning or judgements on existing jurisprudence. [...] In the three focus countries, the main challenges to the investigation and prosecution of trafficking offences relate to the difficulty in the interpretation and application of anti-trafficking legislation. [...] The Labour Inspectorate can also claim that the employment based on civil law fulfils the criteria of employment based on the Labour Code and bring the case to court to establish that the contract should, in fact, be re-classified as a labour law contract. [...] Recommendations To improve the situation of Asian migrant workers and Asian victims of human trafficking and forced labour in the Czech Republic, Poland, and Romania, the following actions should be taken: 1.
- Pages
- 11
- Published in
- Netherlands
