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Undocumented Migrant Workers’ Right to Remuneration: Consequences of Incomplete Transposition of the Employer Sanctions Directive into the Croatian Law

Labour rights of undocumented migrant workers are the most contested area of law because legality of residence status of migrant workers commonly takes precedence over internationally recognized legal obligations to respect their fundamental human rights, among which the most prominent are labour rights. This tendency commenced to shift in EU member states following the adoption of Employer Sanction Directive in 2009, which explicitly recognized right to remuneration to undocumented migrant workers with the aim to prevent the labour exploitation under the prefix of irregularity of residence status and within the overall context of legal invisibility of such workers. The article will analyse legal framework applicable to the labour rights of undocumented migrant workers in Republic of Croatia, with particular emphasis on consequences of incomplete transposition of Employer Sanctions Directive to the Croatian law. Currently, undocumented migrant workers in Croatia de iure do not enjoy full protection of fundamental human rights, particularly the basic labour right - right to remuneration - which significantly increases their vulnerability to the labour exploitation or other human rights abuses by employers.

Labour rights, undocumented migrant workers, labour exploitation, Employer Sanction Directive.

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