scholarly journals Employment and Social Security Rights of Third-Country Labour Migrants under eu Law: An Incomplete Patchwork of Legal Protection

2016 ◽  
Vol 18 (4) ◽  
pp. 373-408 ◽  
Author(s):  
Herwig Verschueren
Keyword(s):  
Social Security ◽  
Migrant Workers ◽  
Social Protection ◽  
Legal Protection ◽  
Labour Migration ◽  
The European Union ◽  
Skilled Workers ◽  
Seasonal Workers ◽  
Protection Of Human Rights ◽  
Migrants Rights

Labour migration within the European Union (eu), as well as from outside the eu, has evolved significantly. There are more temporary forms of labour migration, such as seasonal work, temporary migration of both high- and low-skilled workers and temporary posting by employers. This evolution has led to an increasing vulnerability of labour migrants’ rights. In particular, the employment and social rights of these migrants are subject to legal disputes, as well as to political discussions. The latter resulted in the adoption of legal instruments meant to guarantee some rights to labour migrants, but which in some cases rather increased their vulnerability. This article explores the issues of employment and social protection of third-country migrant workers in legal instruments of the eu. It starts with an examination of a number of eu directives dealing specifically with labour migration from third countries such as the Blue Card Directive 2009/50, the Employers’ Sanctions Directive 2009/52, the Single Permit Directive 2011/98, the Seasonal Workers Directive 2014/36 and the Intra-corporate Transferees Directive 2014/66 (Section 2). This section also explores the interaction between these instruments as well as their shortcomings. Next, this article focuses on international agreements concluded by the eu with third countries. A large number of these agreements contain provisions which, directly or indirectly, regulate the employment and social security rights of nationals of the third States involved (Section 3). Further, it will comment on the issue of (the absence of) social security coordination between the systems of the Member States and those of third countries (Section 4). Finally, it draws some conclusions and pleads for a better enforcement of the rights already guaranteed and for a more prominent role for the protection of human rights (Section 5).

The ILO and the Global Compact for Safe, Orderly and Regular Migration: labour migration, decent work and implementation of the Compact with specific reference to the Arab states region

2020 ◽  
Vol 16 (3) ◽  
pp. 304-320
Author(s):  
Ryszard Cholewinski
Keyword(s):  
Social Justice ◽  
Migrant Workers ◽  
Labour Migration ◽  
Specific Reference ◽  
International Labour Organization ◽  
Decent Work ◽  
Skilled Workers ◽  
Global Compact ◽  
Governance Challenges ◽  
Arab States

AbstractThis paper explores the role played by the International Labour Organization (ILO) in the consultations and stocktaking during 2017 and the negotiations during 2018 leading up to the adoption of the Global Compact for Safe, Orderly and Regular Migration (GCM). It examines selected parts of the text of the GCM, with particular reference to the ILO's mandate of securing social justice and decent work, as well as the protection of migrant workers and governance of labour migration. The final part of the paper looks ahead to the ILO's role in the implementation of the GCM, with specific reference to the Arab states region, where migration for employment is significant and the governance challenges, particularly in relation to the protection of low-wage and low-skilled workers, are especially acute.

Cross-border labour markets and the role of trade unions in representing migrant workers’ interests

2020 ◽  
Vol 62 (2) ◽  
pp. 235-255
Author(s):  
Adrien Thomas
Keyword(s):  
Labour Market ◽  
Migrant Workers ◽  
Trade Unions ◽  
Organizational Structures ◽  
Labour Markets ◽  
Labour Migration ◽  
Organizational Dynamics ◽  
The European Union ◽  
Survey Results

New patterns of labour migration are reshaping labour markets and raising new challenges for labour market actors, especially trade unions. This article critically discusses unionization strategies targeting migrant workers and the political and organizational dilemmas involved, taking as an example the case of Luxembourg, a founding member of the European Union with a highly internationalized labour market. Relying on qualitative research and survey results, this article sets out the strategies adopted by trade unions to unionize migrant workers, before discussing the dilemmas and tensions related to the diversification of trade union policies and organizational structures in response to labour migration. It provides valuable insights into two broader issues: the socio-political and organizational dynamics involved in trade unions’ inclusion of migrant workers and the potential role of trade unions in building transnational links and cohesion in border regions.

scholarly journals Development Impacts of Irregular Migration: A Study from a Central Province in Vietnam

2021 ◽  
Author(s):  
◽  
Hang Thi Trinh
Keyword(s):  
Migrant Workers ◽  
Human Mobility ◽  
Rural Livelihoods ◽  
Economic Benefits ◽  
Labour Migration ◽  
Central Province ◽  
Sustainable Livelihood ◽  
Irregular Migration ◽  
Skilled Workers ◽  
Migration Theory

<p>Migration is often viewed negatively in development policy terms, and much understandings of migration often portray it as a threat to social security in destination countries, however, the sustainable livelihood approach presents migration as a livelihoods strategy, suggesting that policy should, instead, support human mobility. In the current context where regular labour migration offers various consequences resulting in both positive and negative impacts, irregular labour migration, though complex because of its undocumented nature, has become the choice of many unskilled and low-skilled workers from Vietnam. This study employs a case-study qualitative approach to look at the case of irregular migrant workers from a central province of Vietnam migrating overseas for economic purposes. It applies the New Economics of Labour Migration theory and the Sustainable Livelihoods Approach and brings together their shared premise of viewing migration as a household calculated strategy to sustain rural livelihoods, to explore whether irregular migration can be a sustainable livelihood strategy for the rural people of Ha Tinh province. The study finds that irregular labour migration is a household calculated strategy and, similar to regular migration, it brings about social and economic benefits that affect the migrants, their families and home communities. Although such migration is complex and vulnerable, it is well thought through by migrants and fits in the context of rural Ha Tinh as a flexible, quick and convenient strategy to gain income for the rural poor. The research also finds that the local people have established their own supporting networks and found their own ways to mitigate the risks and ensure their irregular migration is successful in terms of economic gains. The combination of an economic migration theory and a livelihood approach offers this research an in-depth discussion on the complexity of irregular labour migration and its impacts on various aspects of social and economic development.</p>

scholarly journals The Implementation of the EU’s Approach to Circular Migration Through Legal and Policy Routes

2020 ◽  
pp. 65-106
Author(s):  
Zvezda Vankova
Keyword(s):  
Social Security ◽  
Migrant Workers ◽  
Policy Instruments ◽  
International Standards ◽  
Labour Migration ◽  
Soft Law ◽  
Circular Migration ◽  
Guest Worker ◽  
Policy Measures ◽  
Do So

AbstractThis chapter brings together the legal and policy instruments developed as part of the EU’s circular migration approach in order to assess its implementation and establish whether it provides rights-based outcomes for migrant workers. In order to do so, it employs a benchmark framework for analysis based on universal and regional international standards and soft law principles as well as policy measures that have been identified as conducive to circular migration (presented in Chap. 10.1007/978-3-030-52689-4_1). The benchmark framework covers six policy areas considered inherent to this type of labour migration and which at the same time could help distinguish circular migration from the guest-worker model and other time-bound migration policies: entry and re-entry conditions, work authorisation, residence status, social security coordination, entry and residence conditions for family members, and recognition of qualifications. To be beneficial for migrant workers, policies need to allow for a certain degree of migrant-led trajectory of movement and provide adequate protection of the rights of migrant workers.

scholarly journals Access to Social Protection by Immigrants, Emigrants and Resident Nationals in Argentina

2020 ◽  
pp. 41-56
Author(s):  
Verónica Carmona Barrenechea ◽  
Giuseppe M. Messina ◽  
Mora Straschnoy
Keyword(s):  
Social Security ◽  
Migrant Workers ◽  
Social Protection ◽  
Migration Policy ◽  
Fundamental Rights ◽  
Eligibility Requirements ◽  
Family Benefits ◽  
Migratory Status ◽  
And Migration ◽  
Social Security Benefits

AbstractThis chapter discusses the level and quality of social protection granted to legally residing migrant workers in Argentina and national citizens residing abroad in five main policy areas: unemployment, health, pensions, family benefits and guaranteed minimum resources. After an overview of recent evolutions in Argentina’s Social Security and migration policy, we analyze each policy area in order to identify the necessary eligibility requirements for accessing social benefits or services. Our findings show that, in general, the contributory logic prevails over nationality for Social Security benefits. In the case of non-contributory programs, we observe a regime that is generally less generous in quantitative and qualitative terms, and even more restricted for migrants. Despite this, Argentina’s immigration policy is relatively open, especially for migrants from the region, while certain fundamental rights (such as health and education) are guaranteed to all migrants (regardless of their migratory status).

Taking Stock of Regional Democratic Trends in Africa and the Middle East Before and During the COVID-19 Pandemic

2020 ◽  
Author(s):  
Keyword(s):  
Middle East ◽  
Migrant Workers ◽  
Social Protection ◽  
Freedom Of Expression ◽  
Significant Proportion ◽  
The State ◽  
Medical Attention ◽  
The European Union ◽  
Gulf Region ◽  
The Impact

This GSoD In Focus aims at providing a brief overview of the state of democracy in Africa and the Middle East at the end of 2019, prior to the outbreak of the pandemic, and then assesses some of the preliminary impacts that the pandemic has had on democracy in the region in the last 10 months. Key facts and findings include: Africa • In 2019 alone, 75 per cent of African democracies saw their scores decline, and electoral processes in Africa have failed to become the path for political reform and democratic politics. The reasons are many, including weak electoral management and executive aggrandizement. • The key challenges to democracy brought about by the pandemic involve the management of elections, restrictions on civil liberties (especially freedom of expression), worsening gender equality, deepening social and economic inequalities, a disruption to education, deterioration of media integrity, disruption of parliaments and an amplified risk of corruption. These challenges exacerbate and accelerate long-standing problems in the region. • Despite the challenges, the COVID-19 pandemic might galvanize governments to reinforce public health and social protection mechanisms, rendering the state more able to cushion the impact of the crisis, and enhancing its legitimacy. The Middle East • The Middle East is the most undemocratic region in the world. Only 2 out of 13 countries in the region are democracies. The COVID-19 pandemic has deepened the economic and social problems of the region, which could exacerbate the pre-existing democratic challenges. • Freedoms of expression and media were severely curtailed in many countries in the region prior to the pandemic. In some cases, COVID-19 has aggravated this. Countries have closed media outlets and banned the printing and distribution of newspapers, under the pretext of combating the spread of COVID-19. This has restricted citizens’ access to information. • Migrant workers and internally displaced people have been disproportionally affected by COVID-19. A significant proportion of the infections in the region have been in impoverished migrant and refugee communities. In the Gulf region, curfews and lockdowns have resulted in many migrants losing their livelihood, right to medical attention and even repatriation. Migrants have also faced discrimination often being held in detention centres, in poor conditions, as part of governmental efforts to curb the number of COVID-19 infections among citizens. The review of the state of democracy during the COVID-19 pandemic in 2020 uses qualitative analysis and data of events and trends in the region collected through International IDEA’s Global Monitor of COVID-19’s Impact on Democracy and Human Rights, an initiative co-funded by the European Union.

scholarly journals Financing social protection in Ukraine on the basis of EU best practices

2021 ◽  
Vol 11/2 (-) ◽  
pp. 23-28
Author(s):  
Liubov PETYK ◽  
Marta KORZH
Keyword(s):  
European Union ◽  
Social Security ◽  
Social Services ◽  
Social Insurance ◽  
Social Protection ◽  
Modern World ◽  
The European Union ◽  
Effective Response ◽  
Existing Problems ◽  
Conceptual Foundations

The paper analyzes the main aspects of the organization and support of territorial communities in the field of social security of the population of Ukraine. The main directions of development of the process of providing social services are outlined. The main instruments of budget financing of social protection and social security of the population of Ukraine are determined and the effects that affect the volume of expenditures of the State and Consolidated budgets on the social sphere are investigated. The existing problems in the field of social security are studied and the need to harmonize social standards with the standards of the European Union is emphasized. The thesis is put forward on the need to implement a number of measures for Ukraine's timely response to the sharp increase in socio-economic needs in the global crisis. Emphasis is placed on the problems and prospects for the development of social security in the decentralization process. The range of problems for the effective response of social policy to rapid changes in the development of the modern world economy is outlined. The necessity of the analysis of the EU experience in the field of social security and the need to adapt the best European practices in order to comply with the Western European models of social protection and / or social insurance is substantiated. The need to apply the tools of theoretical and methodological analysis of the conceptual foundations of sustainable development of social security to specific circumstances and realities in Ukraine. The study focuses on the relevance of strategic and operational objectives of the new Law of Ukraine "On Social Services" and the need for further harmonization of existing legislation with the basic standards of the Council of Europe and the European Union.

scholarly journals Legal Protection for Increasing Insurance to Firefighters which Experiences Work Risk in the Field

2019 ◽  
Vol 1 (1) ◽  
pp. 1-6
Author(s):  
Kairuddin Karim
Keyword(s):  
Social Security ◽  
Old Age ◽  
Social Protection ◽  
Work Productivity ◽  
Legal Protection ◽  
Legal Basis ◽  
Financial Condition ◽  
Workplace Accidents ◽  
Main Thing ◽  
Sense Of Justice

The implementation of social protection is one of the responsibilities of the state which is adjusted to the state's financial condition. Social protection is called Jamsostek (Labor Social Security). Jamsostek provides an assurance and protection against socio-economic risks, which can arise due to workplace accidents, disability, illness, old age and death. Protection of security for workers in order to concentrate more on increasing motivation and work productivity is the main thing that must be prioritized by employers. The legal basis must provide a sense of justice, certainty, and legal benefit to firefighters who experience work risks in the field.

scholarly journals Comparative Study of Legal Protection for Migrant Workers In Participation Of Social Security Programs In Indonesia And Singapore

2020 ◽  
Vol 28 (1) ◽  
Author(s):  
Putri Nur Hidayah
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Migrant Workers ◽  
Research Method ◽  
Legal Protection ◽  
Universal Declaration ◽  
Economic Community ◽  
The Social ◽  
Social Security Programs ◽  
Asean Economic Community

Social security is one of the basic rights of workers both local and migrant workers as stated on Art. 25 Universal Declaration of Human Rights. The enactment of single markets and production based in the era of ASEAN Economic Community inevitably brings migrant workers particularly in Indonesia and Singapore. This must be in line with a proper legal instruments to protect migrant workers’ rights in a social security participation. This study aims to compare on how Indonesia and Singapore provide legal protection to migrant workers in the social security participation and what social security programs that can be followed in both countries. The research method used is a normative research method with a statute approach. The result of the study shows that Indonesia has provided protection for migrant workers the same way as local workers as stated on Art. 22 Universal Declaration of Human Rights, whereas Singapore only provides the social security to local workers. Migrant workers get the protection through other ways, namely insurance and bilateral/multilateral agreements. For the social security programs followed by migrant workers, both Indonesia and Singapore do not provide the programs related to what has been regulated on Art. 25 Universal Declaration of Human Rights.

scholarly journals Migrant worker policies and national privilege: A UK case study

2021 ◽  
pp. 13-36
Author(s):  
Pier-Luc Dupont
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Primary Data ◽  
Empirical Literature ◽  
The European Union ◽  
Seasonal Workers ◽  
Iris Marion Young ◽  
Global North ◽  
The Uk

After a long period of decline in the Global North, migrant worker policies are making a comeback on the agenda of the European Union and several of its member states. Inspired by Iris Marion Young and Nancy Fraser’s accounts of structural injustice, this article argues that such policies cannot be reconciled with the principle of equality between migrant and national workers enshrined in international legal instruments such as the Convention on Migrant Workers and the EU Seasonal Workers Directive. To make this point it draws on a selection of UK based empirical literature as well as primary data from a recent study on domestic workers admitted to the UK under temporary visas since 1998. Results suggest that such visas tend to push migrants’ working conditions downwards (exploitation); prevent them from changing employer, enforcing rights in court or mobilising in unions (domination); and ultimately exacerbate racial conflict and stereotyping (stigmatisation). Received: 10 February 2021Accepted: 14 May 2021

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