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Управление миграционными процессами в трудовой сфере. Учебно-методическое пособие

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The ETUC has called (see 'Our Priorities', ETUC Resolutions 2002) for an end to illegal immigration and human trafficking. In the same breath, it demands a policy of integration and the formulation of agreements with the immigrants' countries of origin. At the European Councils in Tampere and Seville the ETUC called on the European Union to devise and adopt a common policy on immigration and asylum that would reduce illegal immigration, combat the networks in human trafficking and penalise unscrupulous employer behaviour. The ETUC also calls for a policy on the integration of third-country immigrants and has proposed to the European Council the drafting of a Directive on the right to family reunification, the consultation of trade unions and employer associations in the setting of quotas and devising of arrangements governing immigrants' conditions of entry and residence. The ETUC calls, further, for common criteria underlying legislative measures to deal with immigrants arriving without permits, including guarantees for their incorporation into working life and the right to trade union membership in accordance with ILO Convention No
87.
On asylum policy, the ETUC reiterates that its objectives are to ensure protection of persons persecuted on political grounds. These common criteria for EU policy formulation are based on the Geneva Convention and other legal instruments that recognise the status of refugees.
Content of the articles
The first article, by Carlota Solé, considers how policies of control and integration are being conducted in the different European countries at the same time as a European identity is being constructed The presence of immigration gives rise to a debate on its effects on political unity, raising, once again, the issue of citizenship. In the EU framework this citizenship is taking shape in a plural mode, with individuals and groups belonging to different, yet superimposed and compatible, communities. In other words, the underlying question is the connection between the existence of transnational immigrants and citizenship understood as membership of a nation state.
Kitty Calavita examines the dialectic of integration and marginalised identity of immigrants in the United States and in Europe. Within this comparative perspective she pays special attention to the countries of southern Europe and to immigrants' incorporation into given segments of the
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labour market characterised by low pay, such as agriculture, construction and domestic services. This incorporation into the lowest segments of the labour market bears some similarities with processes already recorded in North America and predominantly characterised by social inequalities between different groups. As such, the author posits a trend towards the Americanisation of southern European labour markets, indicating that policies appear directed more towards the assimilation than the integration of immigrants.
Ludger Pries, using Germany as a case study, identifies types of immigration including, notably, transmigration. It is transmigrants, suggests Pries, that could be an ingredient of the cement of the supranational policy conducted on the scale of the EU that is required to tackle the reality of immigration. Such a policy would need to be based on the European social model as a way of cementing and giving impetus to a social Europeanisation.
The article by Ivana Fellini, Pedro Gois and José Carlos Marques is a comparative analysis of labour recruitment practices in the Italian and Portuguese construction industries. The authors set out to investigate the place of immigration in the underground economy and the reduction of labour costs in a sector characterised by subcontracting, externalisation of tasks, proliferation of self-employed workers and deregulation. This article well illustrates the way in which immigration infiltrates the lowest segments of the labour market.
Meanwhile, Lorenzo Cachon and Miguel S. Vallés explore the varying strands of trade union discourse concerning immigrants. This article also adopts a comparative approach, bringing us back to the debate on the contradictory role played by the trade unions which oscillate between a stance of nationalist economic protectionism and one of international solidarity. In conclusion, these authors stress the need for education to strengthen tolerance and enhance appreciation of multi-culturalism, and the importance of trade union training in the values of solidarity.
Simon J. Tonelli analyses immigration flows and population movements in the East, paying particular attention to the relationship between migration and democracy. In many of these countries the fall of the Berlin Wall precipitated changes in frontiers, as with the Baltic States, the dissolution of the former Yugoslavia, the separation between the Czech Republic and Slovakia and the proclamation of new independent countries like Ukraine, Belarus, Armenia, Azerbaijan, Georgia and Moldavia among
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others. A combination of factors, including the aforementioned changes in frontiers, economic crises and poverty, have constituted powerful stimulants to emigration. At the same time, the transition to democracy has opened doors to strong intra-regional migratory movements, and to a migratory process from eastern to western Europe. Nevertheless, the idea that the new democracy would entail the right to emigration has been belied by the immigration restrictions imposed by the countries of western Europe. As such, Tonelli concludes on a note of despair: the walls of the European Fortress have replaced the Berlin Wall.
Sonia Parella explores a fascinating and little known topic: the role of the immigrant woman in domestic services in Spain and Italy. The results of her investigation show that even in a peripheral and insecure segment of the labour market, like domestic services, there exist sub-segments in which immigrant women are employed under conditions even more precarious than those endured by local women. The invisibility of this type of work is compounded still further, under the model of the familistic welfare state regime which has characterised the countries of southern Europe, by the fact that women's labour is enclosed and buried in the domestic and informal sphere.
In the 'News and background' section, Beate Brüggeman and Rainer Riehle give an account of the influence of the European Employment Strategy on the integration of ethnic minorities in Germany. In other short articles David Garcia examines the situation of ethnic businesses in Germany, Spain and the United Kingdom, while Katia Lurbe explores the access of non-European immigrants to the public health services in Spain. In all these articles the authors are dealing with research still under-way and offer us here their preliminary findings and hypotheses concerning further results.
In summary, the varied content of this issue covers various interrelated topics, including the policy of control and integration; the debate on integration versus assimilation; the European Employment Strategy, the role of the European social model as the cement to make immigration cohere and integrate. Other aspects explored are employer practices in recruiting immigrant labour; its location in peripheral segments of the labour market; the trade unions' stance and discourse; the invisible nature of immigrant women's work; and the continual pressure deriving from the political collapse of the countries of the East.
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Editorial “Irregular immigration and Irregular Work”
Maurizio Ambrosini, Gian Primo Cella and Antonio Martín
(Transfer: European Review of Labour and Research 2008 14: 541, DOI:
10.1177/102425890801400402. The full version of this article can be found at: http://trs.sagepub.com/content/14/4/541.citation)
Three considerations led to the decision to bring out an issue of Transfer on irregular immigration and irregular work: the growing interest in a new and expanding phenomenon, namely, irregular immigration, and its relationship to a deterioration in working conditions; the need to gain a detailed knowledge of the impact of immigration by means of case studies; and our interest in monitoring and evaluating recent research in this area. These aspects are considered in more detail below.
First of all, migration has, in the last decade, acquired a new dynamic, characterised by an acceleration in the EU as well as throughout the world, by a considerable increase in the migration of women and by the fact that the countries of southern Europe have undergone a shift from their experience as lands of emigration in the 1950s and 1960s to become countries of immigration by the end of the 20th century. Even more striking in these countries - they include Spain, Italy, Portugal and Greece, as well as Ireland
- where immigration is such a recent phenomenon is the extreme rapidity of its development, such that in less than 20 years immigration has come to account for a percentage of the population similar to that found in the countries that traditionally receive large numbers of immigrants, such as Germany, France, Britain and Belgium.
Secondly, this issue of Transfer analyses the labour and social consequences of irregular immigration. We use the term irregular immigrant to refer to (im)migrants whose status is irregular for a variety of reasons, including overstaying their visa, working on a tourist visa, etc. It should be noted that many irregular immigrants in the EU entered the EU legally and it was only later that their status became irregular. It should also be noted that recent national and EU-level policies have made legal immigration more difficult for many types of migrants (see McKay and Wright, in this issue). On the other hand, the category of 'irregular immigrant' is a fluid one: large­scale amnesties in southern Europe, as well as more specific provisions in other countries, have transformed into regular residents those who were previously treated as 'illegal immigrants'. At the current time, in Italy, Spain and Greece in particular, most immigrants who are regular have been
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irregular for a period of time in the past. The flows of irregular migrants result from various causes and entail numerous consequences. On the one hand, the demand factors conditioning immigration are related to the gradual ageing of the European population and the resulting difficulties in replacing the labour force in certain low-waged sectors of the economy. An additional factor of a related nature is the demand for labour in specific dynamic sectors (construction, domestic labour, tourism, agriculture, etc.) given the inadequate supply of native labour. These are sections of the economy increasingly shunned by native populations, who are also increasingly highly educated by comparison with the past. The factors behind immigration are complex and sometimes difficult to disentangle, for example the role played by the existence of an underground economy and that of the mafias which control part of the flow of migrants. Apart from the above-mentioned demand-side factors, there exist other causes behind immigration which include dreams of a better life, ethnic networks already established in the country of destination and the desire to benefit from conditions of democracy and freedom in Europe (Ambrosini, in this issue).
There exists in Europe, above all in some countries, an extensive underground economy that profits from a large pool of irregular migrants (estimated at some eight million people). This situation exerts a pressure on the regulated working conditions in the formal economy, entailing effects on wages, the type and quality of jobs and the fiscal capacity of the public purse. It is not our intention to propose any causal relationship between irregular migration and deteriorating working conditions. Nevertheless, the continued existence of the underground economy and the precarious working conditions it entails can jeopardise the European social model and, in the face of these problems, it is relevant to consider how the European institutions and the trade unions have responded to the various forms of pressure accompanying irregular immigration.
Regularisation of irregular immigrants has taken place in several EU countries in recent years. Various articles in this issue (see, for example, Miguelez and Recio) examine trade union attitudes to the issue of regularisation, which many see as the best means of integrating these workers and improving their working conditions. Even if public opinion seems largely favourable to massive expulsions of irregular migrants, provisions for detaining and expelling irregular immigrants fall under 'the liberal constraint' of democratic countries, as they can affect fundamental
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rights of human beings. Trade unions, together with other civil society organisations, are for the most part among the actors who stand up for the protection of migrants' and refugees' rights.
In June 2008 the European Parliament adopted a controversial piece of new legislation applicable to undocumented migrants and referred to as the Return Directive. According to its provisions, it will be possible to detain in internment centres -for a period that will vary from one country to another but can in certain specific circumstances be as long as 18 months ­undocumented immigrants present in the territory of the EU, pending preparation of the documentation required for their expulsion from the European territory. Some European trade unions have criticised this Directive as a step backwards for a European common immigration policy insofar as it can represent irregular immigrants as criminals to the public eye and disregards the pull factors represented by the existence of an underground economy. For all these reasons, the trade unions are critical of the restrictive nature of the Directive and call for due respect to be paid to the basic human rights of immigrants. This issue also examines other recent initiatives at the EU level on immigration (see Ambrosini; Pajares; McKay and Wright, in this issue).
In the third place, this issue of Transfer summarises the aims, content and findings of some of the main research being conducted on irregular immigration. Such research is obviously restricted by the subject understudy, which is, by its very nature, opaque. Thus data problems and lack of consistency in definitions mean that each article deals with the subject within the existing constraints of availability of data related to the subject or country under discussion.
The issue is structured in two parts.
In the first part we describe the regulation of the labour market and immigration. The opening article by Maurizio Ambrosini examines the paradoxical fact that immigrants are 'wanted but not welcome', a phrase of A. Zolberg which brilliantly sums up the contradiction between the need for immigrant labour in the host countries and the political difficulties entailed in obtaining the acceptance of cultural diversity that is required for social integration of the immigrant populations. The flow of irregular immigrants is, furthermore, the result of a process of 'globalisation from below', given that the power of states to control their frontiers is no longer what it was. Emilio Reyneri and Giovanna Fullin then present the policy dilemma
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entailed in the trade-off between a high level of unemployment and the quality of employment. On the one hand, the migrants who settle in the countries of new immigration have a level of qualification and skills similar to (and some times better than) that of the host country residents, and yet their wage level and working conditions are significantly lower. On the other hand, and to the contrary, in the 'old' countries of immigration in central and northern Europe the rate of unemployment among immigrants is much higher than among the native population because the labour markets offer a lower number of '3D' (dirty, dangerous and demanding) jobs of the type typically filled by immigrants. The following contribution by Fausto Miguélez and Albert Recio examines the processes of individual and collective regularisation conducted by means of amnesties. Collective regularisations, like those that took place in Spain between 2002 and 2005, have represented an important contribution to economic growth, especially through consumer demand and the purchase of housing. However, these authors also describe the tensions resulting from immigration in relation to its impact on the education, health and transport system in major cities. This first section of the issue closes with an article by Miguel Pajares who points out that, for the trade unions, immigration has never been an easy issue and that their position in this respect has varied through history. Towards the end of the 19th century the relationship between local workers and those who came in from elsewhere was, generally speaking, conflict-ridden, the latter being stigmatised as 'scabs' because of their lesser readiness to become involved in trade union struggles. At a later stage, in the 1950s and 1960s, the trade union perspective oscillated between rejection and acceptance, although a general trend developed in favour of better social integration of the immigrants. Finally, in the last decades of the 20th century, the stance of rejection has been substantially attenuated although, as Pajares also points out, trade union activities designed to combat discrimination against immigrants are rarely high on the agenda. However, in the beginning of the 21st century in southern Europe in particular trade unions have campaigned strongly for the regularisation of irregular immigrants, also to combat the underground economy.
The second part of this issue contains five case studies illustrating specific national experiences. Comparative studies on irregular immigration are few and far between, given the difficulty and scant visibility of the phenomenon to be studied. The first article in this section by Stefania
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Marino and Judith Roosblad provides us with a comparison, based on documented analysis, of trade union policies in the Netherlands and Italy, respectively an 'old' and a 'new' country of immigration. These authors examine trade union strategies and actions in these two countries in relation to both regular and irregular immigration, emphasising the external and internal contextual features that affect the trade unions' attitudes and responses. The second article has been produced by a Czech team consisting of Dušan Drbohlav, Dagmar Dzúrová, Zdenék Čermák, Eva Janská, Dita Čermáková and Lenka Medová, whose research, conducted during the period 2005 to 2007, describes both the determinant features underlying immigration to the Czech Republic and the living conditions of the immigrants themselves. The third article, by Sonia McKay and Tessa Wright, considers the impact of the immigration policies devised by the European Union and its Member States, with special reference to the situation in the United Kingdom where a points-based system based on skills is being established for third-country nationals and the 'irregularisation' of some regular immigrants is taking place. The authors examine the deterioration, as a result of policies to control immigration, of the working conditions of undocumented immigrants and those with a low level of professional skills. The following article, by Albert Martens and Valeria Pulignano, presents a set of theoretical postulates concerning the ways in which irregular immigration and irregular labour affect the cohesion of the working class in Belgium. These last two authors also consider the support role played by the trade unions in relation to undocumented immigrants and their pedagogical endeavours to encourage trade union members to accept their new colleagues in the workplace. Finally, the article by Amarela Varela offers an account of the autonomous organisation of undocumented workers, of those immigrants, in other words, who may risk being detained under the recent Return Directive, and who this contributor describes as workers located in 'zones or territorial areas of non-law'. That this new social movement eludes the formal structures of representation found in trade unions is illustrated by the author through presentation of three concrete examples, namely, the movement of undocumented workers in Barcelona, the Ninth Collective coordinating the 'sans papiers' in Paris, and the Movement for Justice in El Barrio in New York.
In the News and Background section we include a brief review of an interesting piece of research conducted by Jan Cremers and Jörn Janssen
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whose main argument is that the prior existence of an underground economy and availability of non-declared work represent pull factors for irregular immigration. The opposite representation, in other words, which is often assumed as a given, is inaccurate: irregular immigration does not give rise to the expansion of the underground economy. On the contrary, it is the prior existence of this labour market that stimulates the flow of immigrants, as shown by the authors in their study of the construction sector in ten European countries.
To sum up, it is our hope that this issue of Transfer, given over to a description and analysis of irregular immigration, a frequently invisible and opaque phenomenon, will contribute to a better knowledge and understanding of the current situation that will in turn enable trade unions, political parties and official institutions to better direct their collective action towards avoidance of discrimination and promotion of the social inclusion of the new immigrant workers.
Book reviews. Employment and working conditions of migrant
workers
Antonio Martín Artiles
(Transfer: European Review of Labour and Research 2008 14: 709, DOI:
10.1177/102425890801400418. The full version of this article can be found at: http://trs.sagepub.com/content/14/4/709.citation)
This report investigates working and employment conditions of migrant workers in the 27 EU Member States. Migrant workers are defined as those originating from both EU and non-EU countries. The study’s goal is to analyse differences in working conditions between nationals and non­nationals.
Methodology
The study uses migration flow data drawn from Eurostat and the OECD (International Migration Outlook, Paris, 2006). These statistical agencies have been making a substantial effort to improve and harmonise the data in view of the heterogeneous nature of migration flows. However, the quality of the data is not always satisfactory, and consequently the report’s authors helpfully point out those cases where the statistical information is flawed.
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The study also includes information provided by the network of the EIRO (European Industrial Relations Observatory) national centres. There are some discrepancies regarding the data sources, and these are also indicated by the authors. Many of the gaps in the data are filled using direct qualitative information provided by the EIRO network’s national centres, particularly with regard to matters such as unionisation, working conditions, employment, pay, workplace health and accidents, etc.
Irregular immigration is not covered in this report, because of the methodological difficulties associated with obtaining data. However, despite some of the limitations to which Ambrosini and Barone draw our attention as regards how the data was compiled, the study is nonetheless an extremely interesting read, although it should be pointed out that some of the tables in the report are misaligned and the information they present can occasionally be confusing.
The report is divided into six sections: 1) an introduction to the methodology; 2) an overview of the main similarities and differences between European countries; 3) an empirical analysis of the immigrant population as a whole; 4) an analysis of employment and unemployment among immigrants; 5) a look at the debate surrounding the poor working conditions experienced by immigrants, with particular reference to accidents in the workplace; 6) conclusions. The study also contains an annex comprising a table comparing the socio-economic impact of immigration across the different countries.
Labour market integration of migrants
Migrant workers tend to be employed in labour-intensive industries, since this allows production costs to be kept down, and also because there is a shortage of nationals prepared to accept the low pay and poor working conditions on offer. Migrant workers are therefore over-represented in certain sectors such as agriculture, where there is a high proportion of temporary, seasonal jobs and where immigrants are often hired in their country of origin, although it should be pointed out that there is also a significant proportion of undeclared work in this sector.
The sectors with the highest proportion of migrant workers, in both quantitative and relative terms, are construction, the hotel and restaurants trade and household services. Construction tops the list as the most important sector for migrant workers.
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