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Irregular Labour Migration in Turkey and Situation of Migrant Workers in the Labour Market

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Irregular Labour Migration in Turkey and Situation of Migrant Workers in the Labour Market IRREGULAR LABOUR MIGRATION IN TURKEY AND SITUATION OF MIGRANT WORKERS IN THE LABOUR MARKET Gülay TOKSÖZ Seyhan ERDOĞDU Selmin KAŞKA October 2012 IOM International Organization for Migration This research is conducted under the “Supporting Turkey’s Efforts to Formulate and Implement an Overall Policy Framework to Manage Migration” project funded by Swedish International Development Cooperation Agency and implemented by International organization for Migration (IOM) Mission to Turkey in coordination with the Asylum and Migration Bureau of the Ministry of Interior. All rights reserved. No part of this publication may be reproduced, stored in retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the publisher. Preface A number of people have made valuable contributions to this survey, finalized in the short period of six months. We would like to extend our sincere thanks, especially to Dr. Nazlı Şenses, Emel Coşkun and Bilge Cengiz, whose contribution went far beyond research assistance. We would also like to thank everyone who assisted in data collection, analysis, and interview phases of the study. We initiated our field research in İstanbul with Engin Çelik’s connections. Although we worked with him shortly, his contribution was invaluable in this regard. Mehmet Akif Kara conducted some of the interviews in İstanbul, while providing us with numerous useful connections at the same time. A teacher at Katip Kasım Primary School, Hüdai Morsümbül, whom we met by coincidence during İstanbul field research, helped us get through to migrants in Kumkapı and other locations as well as allowing us to observe migrants’ local life around Kumkapı region. Ever since our first encounter, Mr. Morsümbül not only joined our team of researchers, but also became the key to many doors… Our special thanks go to all representatives of public institutions, worker and employer unions, immigrant organizations and other organizations in affinity to them, employers and shop keepers who have agreed to interview us. Last but not least, we thank regular and irregular migrant workers who have shared their everyday problems with us. Hopefully, this research study will contribute to the efforts toward improving the current conditions they are faced with. Gülay Toksöz Seyhan Erdoğdu Selmin Kaşka October 2012 Contents Abbreviations .........................................................................................................8 Introduction ..........................................................................................................9 1. Overview of Migration Into Turkey ...............................................................15 1.1. Migration into Turkey from a Historical Perspective and Migration Policies.......17 1.1.1. Visa Policies ...................................................................................................................18 1.1.2. Current Affairs in Migration Policies ..............................................................................19 1.2. Impact of Visa Regime on the Labour Market ...................................................21 1.3. Legislation on Employment of Migrants in Turkey ...........................................24 1.3.1. Scope of Law no 4817 for Individuals ............................................................................25 1.3.2. Types and Validity Periods of Work Permits ..................................................................25 1.3.3. Application for Work Permit .........................................................................................29 1.3.4. Rejection of Application and Cancellation of Work Permit ............................................30 1.3.5. Invalidity of Work Permit ..............................................................................................30 1.3.6. Breach of the Law Regarding Work Permits Granted to Foreigners, Audits and Sanctions within the Scope of Labour Law .....................................................................31 1.3.7. Some Regulations in Enforcement Directive ..................................................................32 1.3.8. Rights and Liabilities of Foreigners Working in Turkey within the Scope of Social Security Law ........................................................................................................33 1.3.9. Draft Law on Foreigners and International Protection and Its Reflection on Work Permits Granted to Foreigners..............................................................................35 1.4. Interviews with Public Officials and Current Regulations: Amnesty to Employees of Home/Care Services .....................................................................37 1.5. Audit Process .......................................................................................................41 1.6. Assessment of Statistical Data .............................................................................45 1.6.1. Assessment of Irregular Migration Data –GDS ..............................................................46 1.6.2. Assessment of Regular Migration Data-GDS..................................................................49 1.6.3. Assessment of Ministry of Labour and Social Security Data ...........................................51 2. Role of Irregular Migrants in the Labour Market ..........................................57 2.1. Antalya as a Migration Receiving City and the Tourism Sector ........................59 2.1.1. Tourism Sector in Antalya .............................................................................................59 2.1.2. Migrants in Antalya........................................................................................................60 Contents 4 2.1.3. Studies on Migrant Employment in the Tourism Sector ................................................62 2.1.4. Findings of the Field Work in Antalya ...........................................................................63 2.1.4.1. Interviews with the Social Parties ..............................................................................63 2.1.4.2. Migrant Worker Interviews .......................................................................................65 2.1.4.3. Audits ......................................................................................................................67 2.1.4.4. Prostitution ..............................................................................................................68 2.1.5. Suggestions for the Tourism Sector ................................................................................70 2.2. Istanbul as a City of Immigration and Different Sectors: What Does Istanbul Promise to Migrants? ..........................................................................................72 2.2.1. Key Characteristics of the Different Sectors and Labour Structure in Istanbul ................72 2.2.2. Migrants in Istanbul .......................................................................................................76 2.2.2.1. Regular Migrants in Istanbul ...................................................................................77 2.2.2.2. Irregular Migrants in Istanbul and Audits .................................................................80 2.2.2.3. Refugees and Asylum Seekers .....................................................................................83 2.2.3. Employment of Migrants in Different Industries in Turkey ..........................................83 2.2.3.1. Care Services ............................................................................................................84 2.2.3.2. Textile and Clothing Industry ...................................................................................85 2.2.3.3. Construction Industry ...............................................................................................86 2.2.4. Findings of the Fieldwork in Istanbul .............................................................................86 2.2.4.1. Who Comes to Istanbul? The Countries and Socio-Economic Profiles of Migrants Interviewed ..............................................................................................................88 2.2.4.2. What Do Migrants Find in İstanbul? Migrants in the Labour Market .........................90 2.2.4.3. Where Do Migrants Live and Work in Istanbul? Connections with Urban Space .........93 2.2.4.4. Daily Lives of Migrants:Craftsmen, Landlords, Headmen ...........................................94 2.2.4.5. Problems Attached to Irregularity: Healthcare and Education for Children ..................97 2.2.4.6. Who Employs Migrants? Employers’ Perspective ..........................................................98 2.2.4.7. Could Irregular Migrants Be Co-Locals? Municipality -Migrant Relationship ............103 2.2.4.8. Overlapping Regularity and Irregularity: the Legal Status of Migrants and their Hopes for Regularisation .................................................................................105 2.2.5. Coping With Irregularity: Informal Relationships, Informal Routes .............................106 3. Perspectives of Non Governmental Organisations, Migrant Associations and Unions, Migrants and Global Crisis ......................................................109 3.1. Non Governmental Organizations: Migrant Associations, Associations, Foundations and Other Organisations
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