International Labour Organization LABOUR MIGRATION FROM CHINA TO EUROPE: SCOPE AND POTENTIAL Piotr Plewa Marko Stermšek EU-China Dialogue on Migration and Mobility Support Project An initiative funded by the Partnership Instrument (PI) of the European Union ILO Country Office for China and Mongolia 1-10 Tayuan Diplomatic Office Building, Beijing, China Tel : +86 10 6532 5091 Fax : +86 10 6532 1420 [email protected] www.ilo.org/beijing International Labour Organization LABOUR MIGRATION FROM CHINA TO EUROPE: SCOPE AND POTENTIAL Piotr Plewa Marko Stermšek An Initiative funded by the Partnership Instrument (PI) of the European Union EU-China Dialogue on Migration and Mobility Support Project 支持中欧人员往来和移民领域对话项目 Copyright © 2017 International Labour Organization and International Organization for Migration First published 2017 Publications of the International Labour Office (ILO) enjoy copyright under Protocol 2 of the Universal Copyright Convention. 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Printed in China Preface The opening-up of the Chinese economy and the growing international trade between China and Europe have contributed significantly to migration flows from China to Europe in recent decades. By the end of 2015 there were 260,000 migrant workers from China legally residing in the 28 European Union (EU) Member States. In response to an increasingly mobile population, and in order to promote regular migration and protect migrant workers’ rights, there is a growing need from both EU and China to promote dialogue, share experience, and strengthen cooperation around labour migration issues and related systems so as to maximize both the benefit for migrant workers as well as the overall contribution of migration to the growth strategies of China and Europe. The research presented in this report was conducted under the “EU-China Dialogue on Migration and Mobility Support Project”, funded by the EU and jointly carried out by the International Labour Organization (ILO) and the International Organization for Migration (IOM). The report aims to enhance the understanding of the scope, opportunities, and challenges of labour migration from China to the EU; promote sound policies and practices; reduce the vulnerability of migrants; and increase their benefits from an international labour migration perspective. The report provides policy-makers with the key data necessary to develop sustainable labour migration programmes that would balance the interests of China, EU Member States, employers, and migrant workers. The research maps out legislation and schemes concerning the admission of migrants; analyzes the latest trends in Chinese labour migration to the top six destinations over the past five years (namely the United Kingdom, France, Germany, Spain, Italy, and the Netherlands); and examines skills demand and shortage occupations in the EU labour market as well as potential opportunities for Chinese migrant workers. Based on comprehensive data analysis, the study puts forward concrete recommendations to expand the regular channels for the employment of Chinese migrant workers in EU Member States and to better protect the rights of these workers. The 2030 Agenda for Sustainable Development recognizes the “positive contribution of migrants for inclusive growth and sustainable development”. Target 8.8 of the Sustainable Development Goals calls on States to: “Protect labour rights and promote safe and secure working environments for all workers, including migrant workers, in particular women migrants, and those in precarious employment.” i Employment and decent work issues, such as the expansion of legal avenues for migrant workers to migrate safely and legally to other countries; skills recognition and the need for accurate and reliable data; and the need to institute fair recruitment processes as a means to reduce the costs of labour migration for migrant workers and ensure improved protection for these workers, are likely to feature prominently in the related negotiations of a new Global Compact on Safe, Orderly, and Regular Migration. I hope that this research will contribute to bridging the information gap and provide China as well as the EU and its Member States with a common frame of reference for improved dialogue on these important issues within the framework of the EU-China 2020 Strategic Agenda for Cooperation and the on-going global discussions on labour migration. Tim De Meyer Director ILO Country Office for China and Mongolia ii Acknowledgements This study was implemented under the EU–China Dialogue on Migration and Mobility Support Project, a collaboration of International Labour Organization (ILO) and the International Organization for Migration (IOM) funded by the European Union. Based on comprehensive data analysis, the study aims to enhance the understanding of the scope, opportunities, and challenges of labour migration from China to the EU; promote sound policies and practices; reduce the vulnerability of migrants; and increase their benefits from an international labour migration perspective. This report was prepared under the guidance of Mr Tim De Meyer, Director, ILO Country Office for China and Mongolia; Mr Nilim Baruah, Senior Migration Specialist, ILO Regional Office for Asia and the Pacific; and Ms Hongye Pei, National Project Coordinator for the EU–China Dialogue on Migration and Mobility Support Project. The content and conclusions of this report were written by Piotr Plewa. Marko Stermsek contributed the analysis contained within Chapter 3. We are grateful to the European Union and the International Organization for Migration for their support. We also wish to thank Ms Sabrina Kouba, ILO research consultant, for her comments and suggestions, as well as all the institutions and people who contributed to conducting the research, and to the editing and translation work. iii Table of Contents Preface …………… …………………………………………………………………………………………… i Acknowledgements ……………………………………………………………………………………… iii Acronyms and Abbreviations …………………………………………………………………………… xi Executive Summary ……………………………………………………………………………………… 1 1. The policy context: How have non-EU workers been admitted and integrated into EU labour markets? …………………………………………………………………………………… 4 1.1 Admission and residence criteria ………………………………………………………………… 4 1.1.1 EU vs national legislations ………………………………………………………………………………………… 4 1.1.2 Germany ……………………………………………………………………………………………………………… 6 1.1.3 The United Kingdom ……………………………………………………………………………………………… 16 1.1.4 The Netherlands …………………………………………………………………………………………………… 17 1.1.5 France ……………………………………………………………………………………………………………… 18 1.1.6 Spain ………………………………………………………………………………………………………………… 19 1.1.7 Italy …………………………………………………………………………………………………………………… 20 1.2 Labour market integration ………………………………………………………………………… 20 1.2.1 Access to the labour market ……………………………………………………………………………………… 22 1.2.2 Access to general support ………………………………………………………………………………………… 22 1.2.3 Access to targeted support ………………………………………………………………………………………… 25 1.2.4 Workers’ rights ……………………………………………………………………………………………………… 26 1.2.5 Current economic and political situation in Europe in the context