Addressing the Irregular Employment of Immigrants in the European Union: Between Sanctions and Rights
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ADDRESSING THE IRREGULAR EMPLOYMENT OF IMMIGRANTS IN THE EUROPEAN UNION: BETWEEN SANCTIONS AND RIGHTS Editors Marek Kupiszewski Heikki Mattila Assistant Editor Alin Chindea English Language Editor Caryl Swift July 2008 The authors prepared this report as independent consultants to the International Organization for Migration. Opinions expressed in this document are those of the authors and do not necessarily refl ect the views of IOM. IOM is committed to the principle that humane and orderly migration benefi ts migrants and society. As an intergovernmental body, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants. Publisher: International Organization for Migration (IOM) Regional Mission for Central and South Eastern Europe 1065 Budapest, Révay utca 12, HUNGARY Tel: +36 1 472 2500; Fax: +36 1 374 0532 Email: [email protected]; Web site: http://www.iom.hu Graphic Design and Printing: Strém Kiadóház Ltd © 2008 International Organization for Migration (IOM) ISBN 978-92-9068-449-7 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission from the publisher. T ABLE OF CONTENTS List of Contributors 5 Introduction (Heikki Mattila ) 7 Irregular Employment of Migrant Workers in Germany – Legal Situation and Approaches to Tackling the Phenomenon (Christoph Junkert, Axel Kreienbrink) 13 1.1 Introduction 13 1.2 Illegal employment of foreign nationals in Germany: scale, nature and reasons behind the phenomenon 16 1.3. Combating the illegal employment of foreigners – policy and legal situation 27 1.4. Policy evaluation 52 1.5. Conclusion 74 Hungary – Towards Balanced Tightening of Regulations on Irregular Employment (Ágnes Hárs, Endre Sik) 89 2.1 Introduction 89 2.2 The volume and composition of undeclared labour in general and of migrant labour in particular 90 2.3 Combating the irregular employment of foreigners – an analysis of policy and the law 92 2.4 Policy evaluation: In search of best practices 116 2.5 Conclusions 119 The Illegal Employment of Foreign Nationals in Ireland (Jane Pillinger) 127 3.1 Introduction 127 3.2 Illegal employment of foreign nationals in Ireland 131 3.3 Combating the illegal employment of foreign nationals: legislation and policy on the enforcement of employment rights 149 3.4 Combating the illegal employment of foreigners: legislation and policy on immigration 155 3.5 Policy evaluation 172 3.6 Conclusions 185 Combating the Illegal Employment of Foreigners in the Enlarged European Union: Polish Country Report (Anna Kicinger, Weronika Kloc-Nowak) 195 4.1 Introduction 195 4.2 Illegal employment of foreigners in Poland: the scale, nature and reasons behind the phenomenon 196 4.3 Combating the illegal employment of foreigners – an analysis of policy and the law 210 4.4 Policy evaluation: In search of best practices 228 4.5 Conclusions and recommendations 241 RSTTTT 3 Combating Illegal Employment of Foreigners in Spain: Scale and Reasons Behind the Phenomenon; Laws and Policies Against (Rosa Aparicio, Andres Tornos, Mercedes Fernández, Jose Maria Ruiz de Huidobro) 251 5.1 Introduction 251 5.2 Illegal employment of foreigners in Spain: the scale, nature and reasons behind the phenomenon 253 5.3 Combating the illegal employment of foreigners – analysis of policy and the law 264 5.4 Policy evaluation: in search of best practices 281 5.5 Conclusions 290 Irregular Employment of Migrants: an ILO Perspective (Beate Andrees, Blanka Hancilova, Piyasiri Wickramasekara) 297 6.1 Introduction 297 6.2 Terminology and ILO perspectives 297 6.3 Europe – destination for irregular migrants 299 6.4 Demand for fl exible labour and irregular migration 300 6.5 Policies to address irregular migration 305 6.6 Protection of migrant workers in irregular status 309 6.7 Conclusions 313 Addressing the Irregular Employment of Migrants – Concluding Remarks and Recommendations (Marek Kupiszewski) 318 7.1 Introduction 318 7.2 Irregular employment, irregular labour migrants and their social acceptance 318 7.3 Combating the irregular employment of foreigners – policy and law analysis 320 7.4 Policy evaluation 322 7.5 Conclusions and recommendations 324 4 TTTTSR L IST OF CONTRIBUTORS Beate Andrees joined the ILO in 2003 and is working as a forced labour specialist in the Department of Fundamental Principles and Rights at Work. She holds a Diploma in Political Science, Free University Berlin. Before coming to the ILO, she worked as a consultant for the German Parliament and the Offi ce for Foreign Affairs. E-mail: [email protected] Rosa Aparicio is a Full Professor of Sociology in the Faculty of Human and Social Sciences at the Pontifi cal University Comillas, Madrid. Former director and current researcher of the Institute of Migration Studies of the same university, she holds a PhD in Sociology. E-mail: [email protected] Mercedes Fernández is a Professor of the Industrial Engineering Department of the Engineering School at the Pontifi cal University Comillas, Madrid and researcher at the Institute of Migration Studies. She holds a PhD in Economics. E-mail: [email protected] Blanka Hancilova is a senior partner of the Apreco Consulting Group; she works on migration and development in Europe and Eurasia, among others, for the ILO. She holds a PhD degree in International Studies from Charles University, Prague. E-mail: [email protected] Ágnes Hárs is Senior Research Fellow at the Kopint-Tárki Economic Research Institute in Budapest and external research member of the Minority Research Institute of the Hungarian Academy of Sciences. She holds a Ph.D. in Economics from the Hungarian Academy of Sciences. E-mail: [email protected] Christoph Junkert graduated in Economics at the University of Mannheim and is currently a researcher in the unit “Economic Aspects of Migration and Integration Research” at the Federal Offi ce for Migration and Refugees in Nuremberg. E-mail: [email protected] Anna Kicinger holds an MA in International Relations and is a Researcher at the Central European Forum for Migration and Population Research, International Organization for Migration, specializing in migration policy issues. E-mail: [email protected] Weronika Kloc-Nowak holds a MA in Sociology from the University of Warsaw. As a member of the Central European Forum for Migration and Population Research since 2005, she is focusing on studies of immigrant integration and international labour migration to and from Poland. E-mail: [email protected] Axel Kreienbrink, Dr., is currently the Head of Unit “Migration and Integration Research: International Migration, Islam, Demography” at the Federal Offi ce for Migration and Refugees RSTTTT 5 in Nuremberg (Germany). He graduated in History and Political Science at the University of Osnabrück where he also received his PhD. E-mail: [email protected] Marek Kupiszewski is a Founding Director of the IOM’s Central European Forum for Migration and Population Research. He holds an MSc in Mathematics and PhD and Habilitation in Population Geography. He was also the research coordinator of the studies. E-mail: [email protected] Heikki Mattila was Regional Programme Offi cer within the International Organization for Migration, Mission with Regional Functions for Central and South-Eastern Europe. He holds an MA in Economics and Sociology from the University of Helsinki. E-mail: [email protected] Jane Pillinger is an Independent Social Policy Analyst, Researcher and Policy Advisor. She has done extensive consultancy and advisory work for high-profi le Irish and British organizations as well as for prestigious international organizations. She holds a PhD in European Social Policy from the University of Leeds, UK. E-mail: [email protected] Jose Maria Ruiz de Huidobro is a Professor of Civil Law (Faculty of Law-ICADE) and collaborator at the Institute of Migration Studies, both at the Pontifi cal University Comillas de Madrid. He holds a PhD in Law. E-mail: [email protected] Endre Sík is a Professor at the Eötvös Loránd University, Department of Minority Studies, Budapest and senior researcher at TÁRKI, a Social Research Institute based in Budapest. He is also a member of the network of excellence of European migration researchers (IMISCOE). E-mail: [email protected] Andres Tornos is a Professor Emeritus at the Faculty of Theology and has been a researcher at the Institute of Migration Studies, both at the Pontifi cal University Comillas for the past 15 years. He holds PhD degrees in both Philosophy and Theology. E-mail: [email protected] Piyasiri Wickramasekara is a Senior Migration Specialist, International Migration Programme, Labour Offi ce in Geneva since 2001. He was formerly on the academic staff of the University of Sri Lanka, Peradeniya, and holds a PhD degree in Economics from the University of Cambridge, UK. E-mail: [email protected] 6 TTTTSR I NTRODUCTION Heikki Mattila The theme of this book, the irregular employment of immigrants, covers a complex set of issues, ranging from irregular migration per se to many types of irregularities found in the employment of immigrants and to the related economic and labour market conditions that affect immigrants’ lives and work in the host country. In Europe, both irregular migration and immigrants’ employment have been at the centre of mi- gration policy-making, and are subjects of active research. Since the political changes in Cen- tral and Eastern Europe almost twenty years ago, irregular forms of East-West migration, and, more recently, from regions such as Africa and Asia have posed diffi cult challenges for migration policy-makers in European countries at both the national and European level.