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