Description
In statistics, a moving average, also called rolling average, moving mean, rolling mean, sliding temporal average, or running average, is a type of FIR filter used to analyze a set of data points by creating a series of averages of different subsets of the full data set.
Moving at labour market
Research Report
1 of the This project has been funded with support from the European Commission. This document reflects the views only author, and the Commission cannot be held responsible for any use which may be made of the information contained therein. Grant Agreement number: 2010 – 3556 / 001 – 001
Partners
Sociedade Portuguesa de Inovação (Project Coordination) Ana Ribeiro email: [email protected] Dora Fazekas email: [email protected] URL: www.spi.pt
TK Formazione Michela Calabrese email: [email protected] URL: www.tkformazione.it
Deutsches Jugendinstitut Tabea Schlimbach email: [email protected] URL: www.dji.de ASIMAG Leire Monterrubio email: [email protected] URL:http://www.asimag.es/
Careers Europe Katie Peyton-Lister email: [email protected] URL: www.careerseurope.co.uk
TEMPO, Training & Consulting Gabriela Vl?ková email: [email protected] URL: www.tempo.cz
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Index
1. 2.
Introduction .................................................................................................. 7 Labour migration in Europe ...........................................................................10 2.1. European Migration Policy .......................................................................... 10 2.2. European Support Services and tools ........................................................... 12 2.3. Country reports............................................................................................. 16 2.3.1. Portugal .............................................................................................. 16 2.3.2. Czech Republic ................................................................................... 22 2.3.3. Spain ................................................................................................... 32 2.3.4. UK ....................................................................................................... 41 2.3.5. Italy ..................................................................................................... 49 2.3.6. Germany ............................................................................................. 59
3.
Empirical findings .........................................................................................67 3.1. The view of experts....................................................................................... 67 3.1.1. Why ask the experts? .......................................................................... 67 3.1.2. Analysis................................................................................................ 67 3.2. The view of labour migrants ......................................................................... 79 3.2.1. Why ask the migrants? ........................................................................ 79 3.2.2. Analysis................................................................................................ 79
3
4.
Conclusion and training needs for experts .....................................................84 4.1. General migration situation in partners’ countries ...................................... 84 4.2. Support systems ........................................................................................... 85 4.3. Challenges and needs of migrants ................................................................ 87 4.4. Suggestions for mol@m tool ........................................................................ 88
5. 6.
References ...................................................................................................91 Websites ......................................................................................................94
Annex I -99 National support services (survey results) ..........................................99 Annex II ........................................................................................................... 106
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Table Index
Table 1 - Spanish-born resident per country, Jan 1st, 2010.................................... 34 Table 2 - Immigrants by nationality (updated 1° January 2010) ............................. 50 Table 3 - Immigrants by residence in Italian Regions.............................................. 51 Table 4 – Laws and regulations of emigration, immigration and integration in Germany .................................................................................................................. 64 Table 5 – country of origin and countries of destination ........................................ 79
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Figure Index
Figure 1 - Nationalities – Emission of Residence Permits, 2009 (Bento et al, 2009) ................................................................................................................................. 17 Figure 2 - Countries with the highest numbers of labour immigrants registered by the labour office in the Czech Republic in 2009 and the proportion of their employment according to CZ-NACE ........................................................................ 25 Figure 3 - Changes in the unemployment rate between 2000 and 2009 in the Czech Republic ........................................................................................................ 26 Figure 4 - Proportion of low skilled persons at the age of 25 – 64 years................ 31 Figure 5 - 1997-2008 Evolution of immigration in Spain (source: Ministerio de Interior) ................................................................................................................... 35 Figure 6 - Evolution of immigrant origin (source: Delegación de Gobierno para la Extranjería y la Inmigración) ................................................................................... 35 Figure 7 - Immigrants by country (source: Instituto Nacional de Estadistica) ........ 36 Figure 8 - Long –term International Migration to/from the UK 1991-2009 ........... 42 Figure 9 - Employment status of Germans and people with migration background, in % (Statistisches Bundesamt 2008: 203) .............................................................. 61
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1. Introduction
The Mol@m project aims at fostering mobility for learning and employment in the European Union by providing career guidance professionals with expanded knowledge on EU labour markets. The idea for the project was developed because of the realization that mobility of employment across Europe is not always encouraged or even suggested by careers guidance advisers as their focus is more upon national labour markets. Information about other European labour markets is either not provided or it is very limited often because advisers lack awareness and/or practical knowledge. The Mol@m Project aims to equip careers advisors in vocational (VET) education and youth centres, as well as guidance professionals in labour offices with a wider knowledge of other EU labour markets, so that they can help and encourage especially lower skilled job seekers to look for employment in these markets. This will be done by providing an interactive tool which will facilitate access to practical information on local rules and practices related to the job markets and the local job culture of selected EU countries. The target groups will be involved in several feedback activities, in order to ensure that the tool is adapted to meet existing needs at a European level.
The Mol@m project aims to: Contribute to the encouragement of European Mobility; Expand employment opportunities for low skilled citizens; Improve the quality of vocational training for guidance professionals; Widen career advice and guidance beyond national boundaries.
In order to achieve these goals, the six partners of this LLP project will develop an online interactive tool containing a wide range of practical information, including cases on immigration. This tool will be complementary to existing instruments such as EURES, Euroguidance, etc. and will raise awareness of EU mobility as an option for employment, by providing career guidance professionals with the information they need to encourage and help job seekers, particularly those with lower qualifications.
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The Mol@m project is based on a detailed research and implementation plan organized to meet the following objectives: To characterise the labour markets of each of the 6 European countries and to identify the training needs of the professionals who provide careers advice To identify the main challenges that migrants have to overcome when they decide to work in another EU country; To research practical information in order to fill the knowledge gaps of guidance professionals and knowledge needs of job seekers (especially those with low qualifications) about mobility to other EU countries for career purposes; To develop an interactive tool, including e-Learning content, addressed to the direct target group to expand their knowledge about other EU labour markets; To test and improve the tool; To disseminate project results to target group members and to the general public.
The work was divided into 9 sections, or work packages. The second section, Work Package 2 (WP2) was conducted in order to identify the needs of potential emigrants and, connected with this, the knowledge required by career guidance professionals in relation to the cultural, social and economic characteristics of the potential host countries. The research information collected and developed within this WP is set out here and will be used as a basis for the development of the interactive tool for career guidance professionals. All project partners adhered to common and detailed methodologies for data collection and analysis in order to ensure a consistent quality for the research across the partners’ countries and to build up a comprehensive picture of migration issues in Europe from different perspectives. The data was collected through a combination of qualitative and quantitative approaches: a) Desk Research: The desk research aimed at identifying core issues in the context of migration and employability of migrants in the partners’ countries. What is the current standard of knowledge on migration in the different countries? What are the existing support services in the different countries as well as on a European level?
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b) Quantitative Expert Survey: This questionnaire was designed to capture the view of those assisting labour emigration aspirants in the home countries and to learn about these professionals´ training needs. c) Qualitative Expert Survey: Complementary to the expert questionnaires, in depth interviews were conducted with a group of experts supporting migrants in the countries of destination. The purpose of this research was to explore in greater detail experts’ views on the main challenges facing migrants in relation to the destination countries and on their opinions regarding necessary support before migration. These interviews with experts also supplemented the interviews with migrants, as they deepened understanding of the situation of labour migrants. d) Qualitative Migrant Survey: This instrument was designed to capture the individual experiences of labour migrants in order to understand the challenges they faced and needed to overcome in order to integrate into new labour, cultural and social contexts. As the project is concerned with EU labour migration, the EU member states were in the focus of attention. Desk research was conducted in the partners’ countries and both the experts and the migrants were asked about only relevant target countries (i.e. EU member states).
The report is organized as follows: Chapter 2 - Labour migration in Europe: This chapter provides an overview of the main European migration policies, supporting services and tools. It also includes a national report from each partner country, with a survey of its main policies, supporting institutions and migration flows. The chapter capitalises on information from the desk research and the surveys.
Chapter 3 - Empirical findings: This chapter summarises the conclusions of the conducted research, separated into the experts’ and the migrants’ points of view. Chapter 4 - Training needs for experts – conclusions towards Mol@m: Based on the information collected and on the discussions held by partners, this chapter presents the main conclusions to be considered for the development of the next activities of the project, namely WP3 – Content Development, and WP4 – Development of the Interactive Tool.
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2. Labour migration in Europe
2.1. European Migration Policy
The free movement of workers has long been a key aspect of European integration. However, one initial distinction should be made: whereas intra-EU labour migration is regarded as a fundamental freedom and a core right of EU citizens and their family members, the regulation of non-EU nationals' entry and residence conditions and their rights in the field of employment have only been put forward since the Amsterdam Treaty came into force in 1999. In fact, the rigorous application of the principle of free movement to intra-EU migration can be juxtaposed with the relative ‘unfreedom’ characterising the labour migration of non-EU nationals and the prevalence of a security centred paradigm 1.
This chapter focuses on European migration policy within EU’s borders. The intra-EU labour migration – or ‘cross-border labour mobility’, in the preferred official Euro-terminology – is guaranteed, within the EU borders, by Article 45 of the Treaty on the functioning of the European Union (TFUE) 2, which states that:
Freedom of movement for workers shall be secured within the Community. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health: (a) to accept offers of employment actually made; (b) to move freely within the territory of Member States for this purpose;
1
Sergio Carrera, Anaïs Faure Atger, Elspeth Guild and Dora Kostakopoulou; Labour Immigration Policy in the EU: A
Renewed Agenda for Europe 2020, No. 240, 5 April 2011
2
Consolidated version of the treaty on the functioning of the European Union, Official Journal of the European Union,
09/05/2008
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(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action; (d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission. The provisions of this article shall not apply to employment in the public service. This freedom of movement is described in much more detail in Regulation 1612/68 3, which deals with eligibility of employment, equality of treatment and the rights of a worker's family. A worker is not explicitly defined in either the article or regulation. However, according to a 1963 interpretation of the European Court of Justice, a worker is defined as a person who for a certain period of time performs services for and under the direction of another person in return for which he receives remuneration. More recently, Directive 2004/38/EC collected and summarized the right to move and reside freely and assembled the different aspects of the right of movement in a single legislative document. It also clarified procedural issues and it strengthened the rights of family members of European citizens who were using their own freedom of movement rights.
The two most recent phases of EU enlargement (2004 and 2007) have been subjected to specific clauses introducing transition periods before workers from the new member states can be employed on equal, non-discriminatory terms in the old member states. All countries except Ireland, Sweden and the UK initially decided to suspend full access to their labour markets for citizens of the new member states for a transitional period of up to seven years ( ending 2014) Despite this barrier, intra-European migration flows show a clear distinction between the pre- and the post-2004 periods: in fact, many workers in the new member states were keen to take advantage of the opportunity to earn higher wages and broaden their experience or even to find work at all (Galgóczi, Leschke and Watt, 2009).
3
Consolidated Text of the Regulation (EEC) nr 1612/68 of the Council of 15 October 1968 on freedom of movement for
workers within the Community; Office for Official Publications of the European Communities; CONSLEG: 1968R1612 — 27/08/1992
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The European Commission has always strongly supported freedom of movement and claimed that migration flows have had positive effects on the European economy (European Commission, 2006) Article 20 (1) of the TFUE and Directive 2004/38/EC guaranteed the free movement of noneconomically active people. Further, in April 2006, the European Parliament explicitly called on the EU-15 countries (i.e., the old member states) to abolish the transitional arrangements, given that there was no evidence of strains from intra-EU labour mobility on receiving-country labour markets, and also because it was thought that the transitional arrangements may have contributed to higher levels of illicit work and bogus self-employment. The Parliament also called for systematic monitoring of intra-EU migration flows, standardized statistics and strict enforcement of labour law in order to guarantee equal treatment to all workers and to prevent social dumping (O.J. 2006 [C 293 E/230]).
In accordance with this legislation and with the political approach followed by the European institutions, the intra-EU migration policy is to be considered an aspect of the internal market, being part of the EU’s four freedoms (capital, goods, services and, naturally, people).
2.2. European Support Services and tools
The following is an overview of support services and tools available to EU citizens looking to work in Europe. The information is taken from the Careers Europe Exodus database, from interviews with advisors at Careers Europe, with EURES advisors, from interviews with experts in the countries involved in this project and from Euroguidance centre advisors. However, it is by no means exhaustive. There are many support systems in place in each of the European countries for nationals emigrating and for incomers from the EU. This section of the research report aims to give the reader an overview of what is available and used currently by advisors working in this area.
The EURES Network
EURES stands for European Employment Service and is the system by which the employment services of the EU and EEA (European Economic Area) Member States cooperate across Europe. Citizens of those Member States may use EURES to search for vacancies in other Member States. EURES can be accessed either through a job seekers local employment service office (the Job Centre in the UK), or via the EURES website: ec.europa.eu/ eures/.
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EURES offers job-seekers two basic services, a vacancy search and a CV service. The vacancy search allows job-seekers to access vacancies placed by employers looking to recruit staff from other Member States. The CV service allows job-seekers to submit their CV to a database that employers can search when they are looking for staff. The EURES network also has over 400 EuroAdvisers working in the 18 EU/EEA countries. They are based within the national employment services, and they aim to provide job seekers with advice and information about working abroad. Across the rest of Europe,many State Employment Services offer particular services, solely to job seekers from other countries. For example, the Zenstralstelle für Arbeitsvermittlung (Central Placement Office) in Germany offers a job-seeking service to foreign nationals.
State Employment Services
European Union (EU) nationals are free to use the services of the State Employment Service in all countries of the EU/EEA (e.g. ANPE in France; INEM in Spain) on an equal footing with nationals of that country. The size & importance of the State Employment Service will vary depending on the particular country. Documentary proof of identity is required in order to use the services of certain State Employment Services (e.g. ANPE in France) but this is easily provided in the form of a passport or national identity card. In order to make speculative approaches to individual companies, EU nationals can obtain lists of addresses from international trade directories such as “KOMPASS” or ‘Who Owns who’ which are usually available in local reference libraries. In other Member States, the local equivalents of the Chamber of Commerce (e.g. the Handelskammer in Germany, Chambre du Commerce in France) provide details of companies for job-seekers to contact in order to find employment.
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Europass
Europass is a European initiative to encourage mobility and lifelong learning among workers and learners in Europe. It records the individual’s skills, qualifications and experience in a standard European format, helping to make them easily understood across Europe. This is a great advantage when looking for work:http://europass.cedefop.europa.eu/
Qualifications
The European Union has worked to devise a set of equivalence standards in order to ensure that qualifications gained in one Member State are recognised in other Member States. However, qualifications in many occupations are still to be assessed and some previous comparability exercises are now due for revision. “Europe open for professions” provides all the information that is available on the comparability of professional qualifications across the EU. The website is available at www.europeopen.org.uk There are NARIC centres in each EU country that help with recognition of vocational and academic qualifications in the relevant country:http://www.naric.org.uk
Entry requirements
In addition to offering information to individual job seekers and companies as detailed above, EURES also gives support Europe-wide to EU/EEA countries by keeping them up to date with changing regulations concerning entry requirements and necessary paperwork
Euroguidance
Each country in Europe has Euroguidance representation. The specific mission of the network of centres is to promote the European dimension in guidance activities and to provide quality information on mobility. Information and training is primarily provided to careers advisors who pass on the information to final users. Individuals contact the Euroguidance centres through the PLOTEUS portal. This is primarily concerned with learning opportunities but individuals can also find information and ask for advice on working in another country in the EU.http://ec.europa.eu/ploteus/
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Europe wide information websites
There are several websites giving information about working in the EU. Some of these are EU funded like the EURES European job mobility portal, Eurodesk www.eurodesk.org/edesk or the Ploteus portal. Europe Direct Centreshttp://europa.eu/europedirect/index_en.htm answer questions concerning rights for European citizens (e.g. residence permits etc).http://europa.eu is the official website of the European Union. It gives basic information on how the EU works and links to EU information on the websites of EU institutions and agencies. SOLVIT:http://ec.europa.eu/solvit/site/about/index.de.htm is an alternative dispute resolution website, working with issues such as residence permits, employment rights and access to education. There are also a few good commercial websites that contain useful information and often host forums for migrants (to help find accommodation etc). Good examples of such
commercial websites are: www.justlanded.com with general information and forums for all migrants and www.eurograduate.com which is aimed at graduates looking for opportunities in the EU.
It can be seen clearly from the above that, across the EU, there is a great deal of information and support available for people seeking work and/or educational opportunities in European countries other than their national homeland. For more information on country specific support on European migration please see the national research reports.
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2.3. Country reports
2.3.1. Portugal 2.3.1.1. Labour migration history A. Migration history
In Portugal, the years between 1965 and 1973 were especially significant in terms of the numbers of people who emigrated mainly for political reasons. Because of the change of the political regime in 1974, and other external factors, these emigration flows (especially permanent emigration) slowed down significantly, while temporary emigration grew (Monde Diplomatique, 2011: p.3). The main destinations included France and Switzerland as well as non-European countries. Although immigration to Portugal before 1980 was not significant, between 1986 and 1997 the number of incoming foreign citizens doubled (to 175 000) (Falcão, 2002: p. 3.). A major proportion of these immigrants were from EU countries, especially the UK, Spain and Germany. They moved to the country for foreign investment purposes and for other reasons including a significant number of retired people who chose Portugal for its climate and way of life. There is also a large number of Spanish doctors who have chosen to work in Portugal. But the main countries from which emigrants come to Portugal are the former Portuguese colonies in Africa (called also PALOPS) with the majority coming from Cape Verde. These groups, unlike the ones arriving from the EU, have lower qualifications and are mainly employed in construction work (Falcão, 2002).
B. Status quo
Recent emigration statistics show changes as far as destinations are concerned. In 2005, the main emigrant destinations within Europe included the UK and Spain, whilst previously important destinations, like France and Switzerland received far fewer Portuguese immigrants. Germany remained in fifth place of the most regular destinations (Direcção Regional de Educação do Centro, 2011). The profile of the Portuguese emigrant community continues to be mainly composed of young men with low qualifications although qualified Portuguese workers do travel to other countries, because of the internationalisation of Portuguese companies (Ibid).
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Current immigration flows from the beginning of the 21st century show a strong movement of Eastern European workers to Portugal. These immigrants are generally highly qualified and employed mainly in construction work. Another recent immigrant community is from Brazil. This group work in restaurants, cafés, construction work and shops. The motivation for the immigration of both groups is economic (Falcão, 2002).
The following chart indicates the main nationalities that received a residence permit in Portugal in 2009.
Figure 1 - Nationalities – Emission of Residence Permits, 2009 (Bento et al, 2009)
C. Labour market context
In 2009, the total population of Portugal was 10 637 713 - 48.4% men and 51.6% women (Instituto Nacional de Estatística, 2009). In February 2010, there were 561 315 unemployed people of whom 47.3% were men and 52.7% women. Around 7.1% of these unemployed people were foreign nationals (EURES, 2011) of whom, 5 290 were EU citizens (mainly from Romania, Bulgaria, Spain and France), and 8 613 were from countries in Eastern Europe (Ukraine and Moldova). At the end of the second quarter of 2009, the sectoral distribution of those in employment was as follows: agriculture, forestry and fisheries: 11.5%; industry, the building trade, power and water: 17
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27.7%; services 60.8% (Ibid, 2011). According to 2007 statistics (Casa do Brasil, 2011), one in every ten employees in Portugal is an immigrant. However, their geographical distribution varies. Most of them live in the southern tourist areas of the country and there are relatively large numbers in Lisbon and the area surrounding it.
2.3.1.2.
Main
political
aims
and
strategies
towards
immigration
According to the latest Migrant Integration Policy Index (MIPEX) released in February 2011 (comparative analysis of 31 countries), Portugal has the best immigrant integration policies in the areas of family reunification and access to Portuguese nationality and is second in terms of its success in integrating immigrants into the labour market (ACIDI, 2011a). These outcomes are mainly because of legal requirements which have been implemented over the last three years. These are the Nationality Act, the plan of Integration of Immigrants for 2007-2009, the plan of Integration of Immigrants for 2010-2013 and the improved Immigrant Act [New Act of Foreigners] especially in relation to the residence; this legislation has led to the launch of a range of programmes for the integration of immigrants in the labour market.
Portuguese emigration policies have received far less attention than those related to immigration. There is not an integrated approach towards those Portuguese citizens who live outside the country despite the large numbers of such communities (CDS-PP, 2011). There is some support directed at those who decide to or consider returning to Portugal. For example, there is a network of support across the local municipalities, called Gabinete de Apoio ao Emigrante, which helps the reintegration of these groups by providing information and taking care of administrative issues (Município de Sátão, 2011). A further support service (ASEC-CP) offers specialist help for those Portuguese citizens who are residents of other countries and are in specific vulnerable situations (Portal do Cidadão, 2011).
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Helpful resources in relation to political aims and strategies of immigration and emigration include the following: The official website of the Interior Ministry (http://www.mai.gov.pt/) provides access to the immigrant official platformhttp://imigrante.mai-gov.info/. This provides a blog in relation to immigration issues, a communication campaign about the new act on immigration (New Act of Foreigners), as well as a section on the relevant legislation. Also linked to the Interior Ministry, the following website (www.imigrante.pt) dedicated to immigrants in Portugal, includes information about migration laws and also news and events. Portal of Citizens (www.portaldocidadao.pt) is an official website for Portuguese citizens which collects important information and news about immigration issues, as well as other information.
The Observatory of Immigration (www.oi.acidi.gov.pt) is a portal that collects all sorts of information (books, publications, projects, research, news and other data) in relation to immigration issues in Portugal.
The Observatory of Emigration (www.observatorioemigracao.secomunidades.pt/np4/home.html) is a portal collecting information (books, publications, research, news and other data) about the emigration of Portuguese communities. United Nations University – Emigration Flows for Qualified Scientists (www.merit.unimaas.nl/braindrain) information available also on Portugal
Blog about Portuguese brain drain (http://theportugueseeconomy.blogspot.com/2010/03/portuguese-brain-drain.html)
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2.3.1.3.
Legal foundations
The most relevant legislation in force is the so called New Act of Foreigners (Lei nº23/2007, 4 Julho - A nova Lei de Estrangeiros) that regulates entrance and residence in Portugal as well as the exit from and removal from the country. This act stipulates the documents necessary to enter the country, states that sufficient financial means are obligatory for the entry, gives information about competent authorities, regulates the entry and residence of students as well as minors, regulates the visa requirements and residence permits including those for professional activities in national territory, etc. (SEF, 2011). In addition, the Act nº 99/03 of 27 August deals with the employment of foreigners but only in very general terms. It establishes the foreign workers´ rights for treatment equal to that of Portuguese workers. It also states requirements regarding some formalities from the nationals who come from outside European Economic Area (SEF, 2011).
The major source of legal information in relation to immigration can be found at:http://www.sef.pt/portal/V10/EN/aspx/legislacao/index.aspx?id_linha=4191&menu_position=4133 #0 as well as at www.imigrante.pt andhttp://imigrante.mai-gov.info/. Additional information about legislative issues is at: www.acidi.gov.pt/es-imigrante/legislacao/legislacao-portuguesa. The frequently asked questions section of SEF (Serviço de Estrangeiros e Fronteiras) answers also legal questions at:http://www.sef.pt/portal/V10/EN/aspx/apoioCliente/index.aspx?spand=2#0
2.3.1.4.
Support systems
No specific support systems at local and national levels were found that are dedicated to career counsellors or career guidance practitioners. Nevertheless, there are websites dedicated to migrant communities (both immigrants and emigrants) providing useful information for them 4.
The main online support for emigrants is the Portal of Portuguese Communities (www.secomunidades.pt or www.consuladovirtual.pt). It provides useful information for
4
This information was obtained through online research conducted by SPI and through the results of the questionnaires
conducted within this WP.
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Portuguese emigrants living in other countries and also for those who are still preparing to emigrate. In addition to information about consulates a virtual consulate is also available; it gives useful information about travelling and working in foreign countries (country specific information) and different kinds of support available for emigrants. As mentioned previously, local physical support is offered in Portugal for those emigrants who decided to return to their home country by the network of Gabinete de Apoio ao Emigrante (Portal das Comunidades Portugueses, 2011). There are also useful sources available for immigrants living in Portugal, which have already been mentioned previously. These include specifically the following online support:http://www.imigrante.pt/http://imigrante.mai-gov.info www.sef.pthttp://www.acidi.gov.pt/
Support for immigrants is available through the Centros Nacionais de Apoio ao Imigrante (CNAI). These centres only exist in Porto, Lisbon and a representation in Faro providing all sorts of help (cultural, legal, social security, health, employment, education, etc) in relation to immigrant integration issues in different languages. Another support facility linked to CNAI is the Centros Locais de Apoio à Integração de Imigrantes (CLAII). This has similar functions to CNAI but is available in more Portuguese cities. In relation to integration into the labour market, a specific service is provided to immigrants by the Gabinetes de Inserção Profissional – GIP, located in different cities. Translation support is provided through a phone service: Serviço de Tradução Telefónica (STT). More information on this is available at:http://www.acidi.gov.pt/es-imigrante/servicos Additional support is offered by organizations of immigrants by nationality (e.g. Casa do Brasil, Associação Caboverdiana, etc.). More information is available at:http://www.aimigrantes.org/assoc_imig.aspx
2.3.1.5.
Challenges for low-skilled labour migrants
The main challenges immigrants face in Portugal are mostly related to linguistic difficulties and social integration. Integration into the labour market presents particular difficulties for immigrant groups arriving from Eastern Europe with higher or medium level (secondary) qualifications. This group does not usually turn to formal structures of local employment but uses social networks 21
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(family members and friends who are resident in Portugal). Another challenge is the type of work they do (cleaning, construction work etc) that frequently does not correspond to their qualification levels 5. In addition, a survey conducted among these immigrants in 2004, revealed that they experienced some level of discrimination in public places, such as cafés, shops etc. (Rodrigues, 2007).
2.3.2. Czech Republic 2.3.2.1. Labour migration history
D. Migration history
The Czech Republic did not exist as an independent country until the mid-1990s. During the First World War, approximately 1.2 million people emigrated from Czech countries (the Czech Republic and Slovakia). Countries like Lower Austria, the USA, Germany, Hungary, Russia, and the Balkans were the most sought destinations for Czech emigrants 6. During the 20th century the process of migration was affected by the Second World War and subsequent politico-economic development, especially the strong relationship between socialist countries and the existence of the Iron Curtain. Labour migration to what was then Czechoslovakia was regulated by inter-governmental and trade agreements. These inter-governmental agreements were between countries belonging to the area of Soviet influence and special trade agreements related to migration existed with Poland and what was then Yugoslavia. Based on these agreements it was mainly Polish migrants who came to join the Czech labour market. They came especially to northern Bohemia to work in the glass and textile industries and to the Moravian-Silesian region to work in the metallurgical and mining industries. This situation came to an end in Czechoslovakia in the 80s and 90s. The critical year was 1989 when the communist
5
This information was obtained through media research conducted by SPI, through informal contacts regarding migration
issues and through the results of the questionnaires conducted within this WP. 6 ABRAMUSZKINOVÁ PAVLÍKOVÁ, Eva. Migrace a etnická identita cizinc? v ?eské republice [online]. 2010. 180 s. Dissertation thesis. Masaryk university. Available at:http://is.muni.cz/th/23431/ff_d_a2/
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regime together with the Iron Curtain fell. Until that time labour migration and other types of migration were possible only within the countries of “Comecon” (Council for Mutual Economic Assistance) 7.
However, even after the establishment of democracy there were still many obstacles for people interested in working abroad because of the protective immigration policy of the target countries. The situation improved after 2004 when the Czech Republic became a member of the EU and again in 2007 after joining the Schengen area. Another change took place when the Czech Republic joined the European Union in that, as well as a significant increase in the number of people leaving the country; the Czech Republic became the country of choice for many migrants who were coming with the intention to settle there.
The number of foreigners working in the Czech labour market grew continuously from the establishment of the Czech Republic in 1993 until it reached a peak in 2008. The overall employment of foreigners increased by 212 854 during the period 1995 - 2008 and the share of foreign workers in the labor force of the Czech Republic increased from 1.7% in 1994 to 6.4% by the end of 2008 8.
E. Status quo
The official records for emigration are more difficult to access and complicated to understand than data related to immigration. For example, data related to numbers of emigrants and data related to the numbers of people registered at foreign labour offices match in no way.
Traditionally important destinations for Czech emigrants are Germany, United Kingdom, Ireland and Austria (which is very popular because of its close location). For seasonal work countries like Spain, Italy and Greece are the most frequently selected.
7 BOUŠKOVÁ, Petra. Pracovní migrace cizinc? v ?eské republice v 70. až 90. letech [online]. 2008 [cit. 2011-02-02]. Available at:http://aplikace.mvcr.cz/archiv2008/azyl/integrace2/nks01/prispevek4.pdf.
8
HORÁKOVÁ, Milada . Vývoj pracovních migrací v ?eské republice v období hospodá?ské recese. VÚPSV, v.v.i, 2010. 131 s.
Aailable at:http://www.cizinci.cz/files/clanky/711/Vyvoj_pracovnich_migrac.pdf.
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The prospect of a higher income or the lack of job prospects in the home country is the most common motivation for migrating. According to the research that has been undertaken at employment offices for the Molam project, most of those hoping to migrate have insufficient knowledge of the language, overall low qualifications and low competences. Many of them do not have a particular job in mind. They lack knowledge about particular areas of work and of the competencies required. In contrast to emigration flows, the data related to immigration is much more accessible thanks to the obligatory registration of foreign citizens at employment offices At the end of 2009 a total number of 230 709 migrants were registered by employment officials Of this number 139 315 came from countries of the EU/EEA/EFTA. Traditionally, the highest number of migrants came from Slovakia, followed by Poland. A slightly smaller but still quite significant group of migrants came from Bulgaria and Romania. As these migrants are mostly from countries in central or south-east Europe, the motivation for labour migration was the opportunity to find a better job, better income and better living conditions 9.
The data cited above is indicative of the persistence of a tradition of past cooperation (i.e. Slovakia, Poland, Bulgaria), as well as revealing an interest in jobs requiring lower qualifications (i.e. Ukraine, Romania, Moldavia, Mongolia and Vietnam). The data also shows that, as a result of the opening up of the labour market to other countries, revenue is coming to the Czech Republic together with workers (Germany, UK, France, etc.) 10.
The following graph shows the 10 countries with the highest number of labour immigrants registered by the labour office in 2009 according to CZ-NACE classification. This classification is in accordance with the international classification of economic activities and Regulation (EC) No. 1893/2006 of the European Parliament and of the Council. As can be seen in the graph most foreigners in the Czech Republic work in manufacturing and building industries.
9
Zpráva o situaci v oblasti migrace a integrace cizinc? na území ?eské republiky v roce 2009 [online]. Prague, 2010 [cit. Available at:http://www.mvcr.cz/clanek/migracni-a-azylova-politika-ceske-republiky-
2011-01-23].
10
470144.aspx?q=Y2hudW09NA%3D%3D SOU?KOVÁ, Zde?ka . International Labour Migration in the Czech Republic After EU Accession [online]. Brno, 2010. 65 s.
Bachelors Thesis. Masaryk university. Available at:http://is.muni.cz/th/171775/esf_b/BP_Souckova.doc
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Figure 2 - Countries with the highest numbers of labour immigrants registered by the labour office in the Czech Republic in 2009 and the proportion of their employment according to CZ-NACE 11
Trends in the Czech labour market in recent years reflect the unfavourable situation caused by the world economic crisis. The rate of unemployment that had been steadily decreasing since 2004 increased again in 2009 and this increase continued during the whole of 2010. The current rate of unemployment on January 1st 2011 was 9.7% (the proportion of unemployed people in the labour force). Changes in the unemployment rate in recent years are shown in the graph below.
11
Czech Statistical Office [online]. 2010 [cit. 2011-01-12]. Zam?stnanost - datové údaje. Available at:
http://www.czso.cz/csu/cizinci.nsf/...c6b00305e13/a8dd69e15c3e97e9c12576e40054b327/$FILE /c05g06.xls
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Figure 3 - Changes in the unemployment rate between 2000 and 2009 in the Czech Republic 12
During times of decreasing unemployment, the number of foreigners employed in the CR constantly grew and foreigners accounted for more than 40% of the total increase in the labour force. However, the negative developments in the labour market in 2009 had a more significant influence on foreigners than on Czech employees. The number of foreign workers fell annually by almost 12 thousand which represented more than one fifth of the total number of working people in the CR. This loss was observed only in the category of employees and the increase in the number of self-employed foreigners with trade permission at least partially compensated for the substantial reduction in the number of foreigners registered by the labour office 13.
12
Czech Statistical Office [online]. 2010 [cit. 2011-02-03]. Zam?stnanost a nezam?stnanost v ?R podle výsledk? VŠPS -
?asové ?ady. Available at:http://www.czso.cz/csu/redakce.nsf/i/zam_cr
13
Czech Statistical Office [online]. 2010 [cit. 2011-02-02]. Foreigners in the Czech Republic 2010. Available at:
http://www.czso.cz/csu/2010edicniplan.nsf/engp/1414-10
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2.3.2.2.
Main
political
aims
and
strategies
towards
immigration
The national priority in the area of migration is to take effective measures to support controlled legal migration whilst minimising illegal migration. A further priority is to ensure the effective protection of national borders within the Schengen area.
During the 1990s, the Czech Republic went through a transition from being an emigration country to an immigration destination and therefore it is under pressure to increase legal immigration. Public opinion is relatively negative regarding the increasing number of foreigners entering the Czech Republic.
However, the Czech government is under demographic pressure - because of a shortage of people in the labour market combined with an aging population. Therefore an active migration policy has been adopted. The Pro-immigration policy focuses especially on attracting a skilled and highly qualified labour force. During 2003 – 2010 the project, “Selection of Qualified Foreign Workers” was created in order to improve the situation in the labour market. The strength of this project was commitment to ongoing evaluation in order to remove problematical aspects of employing skilled workers from other countries. For example, the last evaluation indicated that the rules governing the employment of foreigners pose a significant problem. Therefore the Ministry of Labour and Social Affairs called for steps to make the process of searching for a job and the actual tasks of the job itself easier for foreign applicants. At present the project has ended and there are new tools facilitating the employment of foreigners – the Work Permit, Blue Cards and Green Cards are often used as pro-immigration tools in the CR (see below in ‘Legal Foundations’). Both cards are issued for a specific job and entitle the foreigner to both reside in the Czech Republic and work in a job for which the card was issued. The green card simplifies entry to the job market for foreigners who have qualifications for which the Czech Republic has a job opening. According to the level of qualification three types of cards are issued: 27
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type A: for qualified workers and key personnel with university education type B: for workers in jobs where minimal vocational education is required type C: for other workers.
The card is valid for 2-3 years but for card types A and B it is possible to extend their validity under certain circumstances for up to 3 years. The green card is for foreigners and citizens of certain countries which are not members of the European Union. These countries are the following: Australia, Montenegro, Croatia, Japan, Canada, South Korea, New Zealand, Bosnia and Herzegovina, Macedonia, United States of America, Serbia, and Ukraine.
The blue card makes it easier to access the job market for foreigners with a higher qualification that is in demand in the Czech Republic. The completion of university education or higher specialised education where the studies lasted for at least 3 years is required. It is for foreigners from countries that are not members of the European Union and to which an exemption listed in Act No. 435/2004 Coll., on Employment, does not apply. The blue card is valid for the term of employment set out in the employment contract plus 3 months, but to a maximum of 2 years 14.
2.3.2.3.
Legal foundations
The migration policy of the Czech Republic is governed by the following regulations: Act No. 326/1999 Coll., on the Residence of Aliens in the Territory of the Czech Republic (1.1. 2011 an amendment of act came into operation) and Act No. 435/2004 Coll., on Employment.
Foreigner
According to law, a foreigner is a person who is not a citizen of the Czech Republic, of the EU, the EEA or Switzerland and has no family member who is, as well as a person who has no nationality.
14
Ministry of Labour and Social Affairs [online]. 2009 [cit. 2011-01-28]. Foreign Employment Matters. Available at:
http://portal.mpsv.cz/sz/zahr_zam
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Persons with nationality other than Czech who legally reside in the CR have the same rights as citizens of the CR. Therefore they must not be restricted while searching for jobs, except for particular jobs where Czech citizenship is required by law. The same rights are applicable to foreigners enjoying temporary protection under special legislation.
Citizens of the EU as well as of Switzerland and the EEA and their family members have the same legal status as Czech citizens. These persons do not need a work permit for employment purposes. In order to support the employability of citizens, special tools mentioned above are used (Blue and Green Card – see above).
When foreigners are employed by Czech employers, labour-law relations are governed especially by the Labour Code and related regulations.
Conditions for employment are also defined by the Employment Act, which requires that a foreigner employed in the CR has to have an individual work permit, if such a permit is needed. Also, the employer must have a valid permit to recruit employees from abroad.
Czech labour law, in particular the Labour Code, wage regulations, regulations on general health insurance and social security legislation are applicable to foreigners who are employed by an employer from the Czech Republic. The minimum wage is defined by No262/2006 Coll., of the Labour Code and it has stayed at the same level since January 2007.
2.3.2.4.
Support systems
Several tools (especially online) are available in the Czech Republic that can be used by foreigners to search for a job. However, these tools are mostly available only in Czech and in English which may cause problems for workers with lower language skills. Fortunately, thanks to projects funded from various sources, plenty of useful brochures, leaflets and guidebooks in languages of those nationalities who arrive in the CR most often have been created. EURES offices can be used as a key contact point for foreigners. Here, migrants can find adequate support including information on available jobs. Centres for the support of the integration of 29
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foreigners are very important contact points which are located in most Czech regions. These centres provide migrants with language courses as well as with other information needed for social inclusion in Czech society. Apart from this, migrants can meet other people of the same nationality here and consequently feel more comfortable 15.
In 2009 the Ministry of Interior published a document called “Information Booklet for Foreign Nationals” which is available in Czech or English and foreigners can find useful information on all important topics needed for living in the CR. This publication can be found at the following link:http://www.cizinci.cz/files/clanky/594/informacni_publikace_anglicina.pdf
There are also several publications for potential Czech employers on how to effectively communicate with foreigners and to prevent misunderstandings.
2.3.2.5.
Challenges for low-skilled labour migrants
According to Eurostat, low skilled persons are defined as those who have achieved an education up to level no. 2 of the classification ISCED. ISCED levels 0-2 include: Pre-primary education, Primary education and lower secondary education. The following graph shows the proportion of low skilled people in the population aged 25-54 years in the CR and EU 27.
15
Refugee Facilities Administration [online]. 2009 - 2010 [cit. 2011-01-20]. Centres for the support of the integration of
foreigners. Available at:http://www.integracnicentra.cz/PoskytovaneSluzby/PoradenskaAInformacniCinnost.aspx.
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Figure 4 - Proportion of low skilled persons at the age of 25 – 64 years 16
The problem associated with the labour migration of low skilled people is their low employability in general. These people are less employable in their home countries and travelling abroad adds the extra difficulty of language barriers. Another problem is that it is often not possible to prove competencies they have attained. As these applicants do not have any certificates, it is hard to prove their skills and competencies to potential employers. In the Czech Republic people with low educational levels work predominantly in positions requiring no qualifications - positions that are not accepted by Czech labour applicants.
A big risk connected to the labour migration of these people is illegal migration and illegal employment. Wages are often lower for migrants and their housing and social conditions can be poor. These circumstances may result in anti-social and illegal activities.
16
Czech Statistical Office [online]. 2010, 09.02.2011 [cit. 2011-02-11]. Obecná databáze Eurostatu (Czech version).
Available at:http://apl.czso.cz/ode/tab/tsdsc430.htm#aV
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2.3.3. Spain 2.3.3.1. Labour migration history
F. Migration history
Incoming migration
Although Spain can be considered a net receiver of migration since the 70s, the strongest wave of immigration was registered between 1995 and 2005. During this decade, the percentage of immigrants in the total population increased from little more than 1% to almost 9%, slightly increasing also in the following years until reaching 12,2% in 2010 (Ministerio del Interior, 2010). According to statistics, Spain has recorded the biggest increase in immigration in the EU27 in the last decade (Eurostat, 2008). Labour immigration growth came along with the Spanish economic boom and the progressive enlargement of the European Union towards central and Eastern Europe. Currently, the highest represented national groups in Spain are Romanians and Moroccans, followed by Ecuadorians and British, the latter being composed mainly of retired people living along the coast. Other significant European immigration into Spain includes people from Italy, Germany (with similar reasons to the UK), Portugal and France. However, the current economic crisis has reversed the trend, decreasing the incoming waves of migrants and providing an incentive for thousands of immigrants to go back to their country of origin.
Outgoing migration
Historically, for most of the 20th century, Spain has been a major exporter of labour (Balch, 2010). Emigration was particularly strong during Franco’s dictatorship, and began to dwindle since the end of it, as a result of the progressive return of exiles. Over the whole of the 20th century records show that six million Spaniards left their country of origin. Until the 1930s, 80% of these emigrants chose to go to the Americas, whilst from the 1950s to the mid-1970s, 74% migrated to the countries of Northern Europe (Ortega Pérez, 2003). It is only in the last third of the 20th century that Spain evolved from its traditional role of a sending to a receiving country. It is now also something of a transit post for migrants heading north.
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The recent economic downturn which has provoked a steep increase in the unemployment rate has seen emigration again begin to rise. According to official data, nearly 102.432 Spaniards moved abroad in 2009, almost 40% more than in 2008, and about 23.400 returned home from abroad in 2009, around 20% less than in 2008 (La Vanguardia, 2010).
G. Status quo
Emigration flows: As stated above, Spain is recording an increasing wave of emigration caused by the current economic crisis. The highest unemployment rate in Europe and negative forecasts for the Spanish economy are driving several Spaniards to look abroad for professional recognition which they cannot get in their home country. In comparison to the emigration trends of the previous decades, current Spanish outgoing trends are characterized by highly educated migrants coming mostly from large cities – mainly Madrid and Barcelona – and speaking foreign languages (Albert, 2010). In short, Spain is producing qualified emigration of young professionals trained in national universities but unable to find employment in their home country. A 2010 survey of the Instituto Nacional de Estadistica showed that the Americas still remain the favourite destination, with 6 out of 10 emigrants opting for this solution, and with Argentina leading the table. Europe is the second favourite destination (37%), whilst Spanish presence in Asia is still marginal, but figures show a significant increase in the last two years (about16%). Gender analysis showed a substantial equilibrium between men (48,9%) and women (51,1%).
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SPANISH-BORN RESIDENTS IN FOREIGN COUNTRIES (COUNTRIES WITH 10.000 OR MORE SPANISH RESIDENTS)
TOTAL
MEN
WOMEN
Germany Andorra Belgium France Italy Netherlands UK Switzerland Argentina Brasil Canada Chile Colombia Cuba USA Mexico Peru Dominican Republic Uruguay Venezuela Australia
105.916 23.296 43.397 183.277 17.421 18.724 60.368 90.142 322.002 82.189 10.817 33.725 13.241 52.638 72.730 77.069 10.889 13.880 54.544 167.311 15.323
53.036 11.555 22.088 90.896 5.947 9.457 27.385 45.938 150.107 42.337 5.610 16.527 6.674 22.994 35.805 39.754 5.360 7.363 25.567 83.964 7.788
52.880 11.741 21.309 92.381 11.474 9.267 32.983 44.204 171.895 39.852 5.207 17.198 6.567 29.644 36.925 37.315 5.529 6.517 28.977 83.347 7.535
Table 1 - Spanish-born resident per country, Jan 1st, 2010
Immigration flows
During the period 1998-2008, Spain has experienced more than a five-fold increase in the numbers of foreign residents (see figure 1). As the graph shows, there are two main sources of information about the foreign population in Spain – the Padron and residence permits data. The former is a population register operated at local level; the latter comes from the Interior Ministry. The gap between the two sources is indicative of the extent of irregular migration in Spain.
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Figure 5 - 1997-2008 Evolution of immigration in Spain (source: Ministerio de Interior)
Along with such an impressive overall increase in numbers, significant changes in the country of origin of immigrants have taken place over time (see figure 2). This has involved a regional shift away from Europe, which until the 1990s constituted nearly half of all legally foreign residents. Since the 1990s, there has been a sharp increase in those coming from countries in the Americas (nearly all Latin America) and Africa. Finally, in recent years, there have been more Europeans, chiefly from new EU member states such as Romania (see Figure 5).
Figure 6 - Evolution of immigrant origin (source: Delegación de Gobierno para la Extranjería y la Inmigración)
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Figure 7 - Immigrants by country (source: Instituto Nacional de Estadistica)
Tackling immigration from a labour perspective, it must be noted that in Spain nearly 59% of all work permits for non-EU workers are in the service sector, followed by the agricultural sector (21%). Unlike other countries where immigrant labour has permeated construction and parts of industry, in Spain, these sectors account for only 9% and 7%, respectively.
The economic crisis is greatly affecting immigration in Spain. The OECD’s 2010 ‘International Migration Outlook’ reported a progressive reduction of Spanish migration inflows. In 2008, the first year of the crisis, immigration was at just below half of the level of the previous years (390.000 in comparison to 682.000). OECD, backed by the EU Commissioner for Employment Lazslo Andor, asked for more attention to be paid to the progressive worsening of immigrants’ living conditions in Spain.
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H. Labour market context
After a decade of rapid growth, in 2008 Spain entered a recession of unprecedented severity and duration. While the scale of the decrease in output was broadly similar to that of other European economies, it has resulted in a massive rise in unemployment. The economy showed slow expansion in 2010, but growth is expected to remain subdued owing to the necessary further adjustments in the housing sector and a high degree of private debt. As a consequence, unemployment is expected to remain high (OECD, 2010). The massive increase in unemployment, especially among the young and unskilled, has made the structural weaknesses in the labour market evident. Structural unemployment is high and is likely to have increased during the current crisis.
During economic boom times and periods of relatively low unemployment, immigrants’ contribution to GDP growth accounted for about 0,6% of the total Spanish GDP (IPS, 2006) and for more than 50% of employment growth in Spain, producing positive effects on housing demand (Vásquez, 2006), one of the pillars of Spanish growth. The economic downturn in 2008 has produced, as expected, a complete turnaround in this figure. Immigrants have begun to leave the country – also under the impulse of ad-hoc national policies – and those who remain face a progressive deterioration of working and living conditions (OECD, 2010). Young skilled Spaniards seek opportunities abroad, thus making the Spanish job market less tempting for foreign investors.
2.3.3.2. Main political aims and strategies towards immigration
Immigration became part of the Spanish government's agenda in 1985, but it was not until the mid1990s that it became a matter of vital importance. Overall, the first wave of immigration policy in Spain was guided to a large degree by the demands of EU membership and liberal constitutionalism. Immigration was initially treated as a temporary phenomenon and quotas were set up with recruitment in countries of origin, but the whole process was complex and inefficient (Balch, 2010). Immigration first became an election issue in Spain in 1996 where a clear division between conservative Partido Popular (PP) and socialist/reformist Partido Socialista Obrero Español (PSOE) emerged. The former focused upon border controls in a response to the perceived concerns of the electorate, whilst the latter presented a more inclusive agenda with links with NGOs working in the area. These distinct policies continue to divide Spain’s two main parties. 37
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Since the beginning of the economic crisis, the influx of migrants has been regarded as a source of instability and inequality within the Spanish job market. Even the PSOE has moved towards more ‘nationalist/conservative’ policies, and has introduced measures to make incentives available for the voluntary repatriation of immigrants.
The growing quota of skilled Spaniards leaving the country to fulfil their professional goals has become a subject for constant discussion in current political debate. The governing party PSOE is trying to encourage Spanish emigration towards countries with stronger economies. This policy has a double aim: on the one hand, reducing youth unemployment and, on the other hand, fostering learning and training of young Spaniards at no cost, hoping to set the base for the economic recovery of the country and, therefore, to ensure a viable future in Spain for this kind of ‘temporary’ emigrant. In this field, special attention is focused on emigration to Germany, in response to a recent declaration by Chancellor Merkel on the ability and willingness of Germany to employ young Spanish (and Portuguese) professionals. This offer is intended to solve the deficit of young professionals in Germany and partially to alleviate Spain’s (and Portugal’s) unemployment problem. The President of the Spanish Government, José Luis Rodríguez Zapatero and Chancellor Angela Merkel reached an informal agreement in February 2010. According to the main opposition party PP, this agreement is no more than an attempt to hide the flaws within the economic policies of the socialist government.
2.3.3.3. Legal foundations
In Spain, all issues concerning immigration and integration of immigrants are regulated by the Law on the Rights and Freedoms of Foreigners in Spain and their Integration (Law n. 4/2000). Most importantly, this law marked the transition in Spain from a policy focused on controlling immigration flows (política de extranjería) to policies that looked more broadly at immigration and integration (política de immigración). Furthermore, the law conforms to common European policy on immigration and asylum, and has also provided the basis for the setup of the so-called Plan Greco on immigration management (2001-2004) which has lately been judged ‘good practice on migration policies’ by the ILO. The Law provides the State with the necessary legal instruments to deal with immigration in a liberal manner by granting new rights to foreigners, including rights to 38
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sanitary care and housing, and by making other rights more readily available, including the right to social security and education. Other relevant legislation in the field of immigration and labour concerns the Salario Mínimo Interprofesional (SMI), the minimum wage a worker can be paid in Spain. The SMI is published every year on the Official Bulletin of the Spanish State and currently amounts to 21.39 €/day, 641.40 €/month and 8,981.84 €/year (14 salaries/year). The percentage of Spanish who benefit from the SMI is the lowest in the EU27 (0.8%). In order to fight social problems arising from high unemployment rates, the Spanish government introduced the so-called paro, a compensation currently adding up to little less than 500€/month for unemployed people who meet certain criteria. In December 2010, President Zapatero suggested that because of the high public deficit that Spain is currently facing, this compensation was no longer affordable and should be stopped. Residence permits for non-EU citizens, are regulated according to Law 4/2000. The Law distinguishes between ‘temporary’ (
In statistics, a moving average, also called rolling average, moving mean, rolling mean, sliding temporal average, or running average, is a type of FIR filter used to analyze a set of data points by creating a series of averages of different subsets of the full data set.
Moving at labour market
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1 of the This project has been funded with support from the European Commission. This document reflects the views only author, and the Commission cannot be held responsible for any use which may be made of the information contained therein. Grant Agreement number: 2010 – 3556 / 001 – 001
Partners
Sociedade Portuguesa de Inovação (Project Coordination) Ana Ribeiro email: [email protected] Dora Fazekas email: [email protected] URL: www.spi.pt
TK Formazione Michela Calabrese email: [email protected] URL: www.tkformazione.it
Deutsches Jugendinstitut Tabea Schlimbach email: [email protected] URL: www.dji.de ASIMAG Leire Monterrubio email: [email protected] URL:http://www.asimag.es/
Careers Europe Katie Peyton-Lister email: [email protected] URL: www.careerseurope.co.uk
TEMPO, Training & Consulting Gabriela Vl?ková email: [email protected] URL: www.tempo.cz
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Index
1. 2.
Introduction .................................................................................................. 7 Labour migration in Europe ...........................................................................10 2.1. European Migration Policy .......................................................................... 10 2.2. European Support Services and tools ........................................................... 12 2.3. Country reports............................................................................................. 16 2.3.1. Portugal .............................................................................................. 16 2.3.2. Czech Republic ................................................................................... 22 2.3.3. Spain ................................................................................................... 32 2.3.4. UK ....................................................................................................... 41 2.3.5. Italy ..................................................................................................... 49 2.3.6. Germany ............................................................................................. 59
3.
Empirical findings .........................................................................................67 3.1. The view of experts....................................................................................... 67 3.1.1. Why ask the experts? .......................................................................... 67 3.1.2. Analysis................................................................................................ 67 3.2. The view of labour migrants ......................................................................... 79 3.2.1. Why ask the migrants? ........................................................................ 79 3.2.2. Analysis................................................................................................ 79
3
4.
Conclusion and training needs for experts .....................................................84 4.1. General migration situation in partners’ countries ...................................... 84 4.2. Support systems ........................................................................................... 85 4.3. Challenges and needs of migrants ................................................................ 87 4.4. Suggestions for mol@m tool ........................................................................ 88
5. 6.
References ...................................................................................................91 Websites ......................................................................................................94
Annex I -99 National support services (survey results) ..........................................99 Annex II ........................................................................................................... 106
4
Table Index
Table 1 - Spanish-born resident per country, Jan 1st, 2010.................................... 34 Table 2 - Immigrants by nationality (updated 1° January 2010) ............................. 50 Table 3 - Immigrants by residence in Italian Regions.............................................. 51 Table 4 – Laws and regulations of emigration, immigration and integration in Germany .................................................................................................................. 64 Table 5 – country of origin and countries of destination ........................................ 79
5
Figure Index
Figure 1 - Nationalities – Emission of Residence Permits, 2009 (Bento et al, 2009) ................................................................................................................................. 17 Figure 2 - Countries with the highest numbers of labour immigrants registered by the labour office in the Czech Republic in 2009 and the proportion of their employment according to CZ-NACE ........................................................................ 25 Figure 3 - Changes in the unemployment rate between 2000 and 2009 in the Czech Republic ........................................................................................................ 26 Figure 4 - Proportion of low skilled persons at the age of 25 – 64 years................ 31 Figure 5 - 1997-2008 Evolution of immigration in Spain (source: Ministerio de Interior) ................................................................................................................... 35 Figure 6 - Evolution of immigrant origin (source: Delegación de Gobierno para la Extranjería y la Inmigración) ................................................................................... 35 Figure 7 - Immigrants by country (source: Instituto Nacional de Estadistica) ........ 36 Figure 8 - Long –term International Migration to/from the UK 1991-2009 ........... 42 Figure 9 - Employment status of Germans and people with migration background, in % (Statistisches Bundesamt 2008: 203) .............................................................. 61
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1. Introduction
The Mol@m project aims at fostering mobility for learning and employment in the European Union by providing career guidance professionals with expanded knowledge on EU labour markets. The idea for the project was developed because of the realization that mobility of employment across Europe is not always encouraged or even suggested by careers guidance advisers as their focus is more upon national labour markets. Information about other European labour markets is either not provided or it is very limited often because advisers lack awareness and/or practical knowledge. The Mol@m Project aims to equip careers advisors in vocational (VET) education and youth centres, as well as guidance professionals in labour offices with a wider knowledge of other EU labour markets, so that they can help and encourage especially lower skilled job seekers to look for employment in these markets. This will be done by providing an interactive tool which will facilitate access to practical information on local rules and practices related to the job markets and the local job culture of selected EU countries. The target groups will be involved in several feedback activities, in order to ensure that the tool is adapted to meet existing needs at a European level.
The Mol@m project aims to: Contribute to the encouragement of European Mobility; Expand employment opportunities for low skilled citizens; Improve the quality of vocational training for guidance professionals; Widen career advice and guidance beyond national boundaries.
In order to achieve these goals, the six partners of this LLP project will develop an online interactive tool containing a wide range of practical information, including cases on immigration. This tool will be complementary to existing instruments such as EURES, Euroguidance, etc. and will raise awareness of EU mobility as an option for employment, by providing career guidance professionals with the information they need to encourage and help job seekers, particularly those with lower qualifications.
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The Mol@m project is based on a detailed research and implementation plan organized to meet the following objectives: To characterise the labour markets of each of the 6 European countries and to identify the training needs of the professionals who provide careers advice To identify the main challenges that migrants have to overcome when they decide to work in another EU country; To research practical information in order to fill the knowledge gaps of guidance professionals and knowledge needs of job seekers (especially those with low qualifications) about mobility to other EU countries for career purposes; To develop an interactive tool, including e-Learning content, addressed to the direct target group to expand their knowledge about other EU labour markets; To test and improve the tool; To disseminate project results to target group members and to the general public.
The work was divided into 9 sections, or work packages. The second section, Work Package 2 (WP2) was conducted in order to identify the needs of potential emigrants and, connected with this, the knowledge required by career guidance professionals in relation to the cultural, social and economic characteristics of the potential host countries. The research information collected and developed within this WP is set out here and will be used as a basis for the development of the interactive tool for career guidance professionals. All project partners adhered to common and detailed methodologies for data collection and analysis in order to ensure a consistent quality for the research across the partners’ countries and to build up a comprehensive picture of migration issues in Europe from different perspectives. The data was collected through a combination of qualitative and quantitative approaches: a) Desk Research: The desk research aimed at identifying core issues in the context of migration and employability of migrants in the partners’ countries. What is the current standard of knowledge on migration in the different countries? What are the existing support services in the different countries as well as on a European level?
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b) Quantitative Expert Survey: This questionnaire was designed to capture the view of those assisting labour emigration aspirants in the home countries and to learn about these professionals´ training needs. c) Qualitative Expert Survey: Complementary to the expert questionnaires, in depth interviews were conducted with a group of experts supporting migrants in the countries of destination. The purpose of this research was to explore in greater detail experts’ views on the main challenges facing migrants in relation to the destination countries and on their opinions regarding necessary support before migration. These interviews with experts also supplemented the interviews with migrants, as they deepened understanding of the situation of labour migrants. d) Qualitative Migrant Survey: This instrument was designed to capture the individual experiences of labour migrants in order to understand the challenges they faced and needed to overcome in order to integrate into new labour, cultural and social contexts. As the project is concerned with EU labour migration, the EU member states were in the focus of attention. Desk research was conducted in the partners’ countries and both the experts and the migrants were asked about only relevant target countries (i.e. EU member states).
The report is organized as follows: Chapter 2 - Labour migration in Europe: This chapter provides an overview of the main European migration policies, supporting services and tools. It also includes a national report from each partner country, with a survey of its main policies, supporting institutions and migration flows. The chapter capitalises on information from the desk research and the surveys.
Chapter 3 - Empirical findings: This chapter summarises the conclusions of the conducted research, separated into the experts’ and the migrants’ points of view. Chapter 4 - Training needs for experts – conclusions towards Mol@m: Based on the information collected and on the discussions held by partners, this chapter presents the main conclusions to be considered for the development of the next activities of the project, namely WP3 – Content Development, and WP4 – Development of the Interactive Tool.
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2. Labour migration in Europe
2.1. European Migration Policy
The free movement of workers has long been a key aspect of European integration. However, one initial distinction should be made: whereas intra-EU labour migration is regarded as a fundamental freedom and a core right of EU citizens and their family members, the regulation of non-EU nationals' entry and residence conditions and their rights in the field of employment have only been put forward since the Amsterdam Treaty came into force in 1999. In fact, the rigorous application of the principle of free movement to intra-EU migration can be juxtaposed with the relative ‘unfreedom’ characterising the labour migration of non-EU nationals and the prevalence of a security centred paradigm 1.
This chapter focuses on European migration policy within EU’s borders. The intra-EU labour migration – or ‘cross-border labour mobility’, in the preferred official Euro-terminology – is guaranteed, within the EU borders, by Article 45 of the Treaty on the functioning of the European Union (TFUE) 2, which states that:
Freedom of movement for workers shall be secured within the Community. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health: (a) to accept offers of employment actually made; (b) to move freely within the territory of Member States for this purpose;
1
Sergio Carrera, Anaïs Faure Atger, Elspeth Guild and Dora Kostakopoulou; Labour Immigration Policy in the EU: A
Renewed Agenda for Europe 2020, No. 240, 5 April 2011
2
Consolidated version of the treaty on the functioning of the European Union, Official Journal of the European Union,
09/05/2008
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(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action; (d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission. The provisions of this article shall not apply to employment in the public service. This freedom of movement is described in much more detail in Regulation 1612/68 3, which deals with eligibility of employment, equality of treatment and the rights of a worker's family. A worker is not explicitly defined in either the article or regulation. However, according to a 1963 interpretation of the European Court of Justice, a worker is defined as a person who for a certain period of time performs services for and under the direction of another person in return for which he receives remuneration. More recently, Directive 2004/38/EC collected and summarized the right to move and reside freely and assembled the different aspects of the right of movement in a single legislative document. It also clarified procedural issues and it strengthened the rights of family members of European citizens who were using their own freedom of movement rights.
The two most recent phases of EU enlargement (2004 and 2007) have been subjected to specific clauses introducing transition periods before workers from the new member states can be employed on equal, non-discriminatory terms in the old member states. All countries except Ireland, Sweden and the UK initially decided to suspend full access to their labour markets for citizens of the new member states for a transitional period of up to seven years ( ending 2014) Despite this barrier, intra-European migration flows show a clear distinction between the pre- and the post-2004 periods: in fact, many workers in the new member states were keen to take advantage of the opportunity to earn higher wages and broaden their experience or even to find work at all (Galgóczi, Leschke and Watt, 2009).
3
Consolidated Text of the Regulation (EEC) nr 1612/68 of the Council of 15 October 1968 on freedom of movement for
workers within the Community; Office for Official Publications of the European Communities; CONSLEG: 1968R1612 — 27/08/1992
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The European Commission has always strongly supported freedom of movement and claimed that migration flows have had positive effects on the European economy (European Commission, 2006) Article 20 (1) of the TFUE and Directive 2004/38/EC guaranteed the free movement of noneconomically active people. Further, in April 2006, the European Parliament explicitly called on the EU-15 countries (i.e., the old member states) to abolish the transitional arrangements, given that there was no evidence of strains from intra-EU labour mobility on receiving-country labour markets, and also because it was thought that the transitional arrangements may have contributed to higher levels of illicit work and bogus self-employment. The Parliament also called for systematic monitoring of intra-EU migration flows, standardized statistics and strict enforcement of labour law in order to guarantee equal treatment to all workers and to prevent social dumping (O.J. 2006 [C 293 E/230]).
In accordance with this legislation and with the political approach followed by the European institutions, the intra-EU migration policy is to be considered an aspect of the internal market, being part of the EU’s four freedoms (capital, goods, services and, naturally, people).
2.2. European Support Services and tools
The following is an overview of support services and tools available to EU citizens looking to work in Europe. The information is taken from the Careers Europe Exodus database, from interviews with advisors at Careers Europe, with EURES advisors, from interviews with experts in the countries involved in this project and from Euroguidance centre advisors. However, it is by no means exhaustive. There are many support systems in place in each of the European countries for nationals emigrating and for incomers from the EU. This section of the research report aims to give the reader an overview of what is available and used currently by advisors working in this area.
The EURES Network
EURES stands for European Employment Service and is the system by which the employment services of the EU and EEA (European Economic Area) Member States cooperate across Europe. Citizens of those Member States may use EURES to search for vacancies in other Member States. EURES can be accessed either through a job seekers local employment service office (the Job Centre in the UK), or via the EURES website: ec.europa.eu/ eures/.
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EURES offers job-seekers two basic services, a vacancy search and a CV service. The vacancy search allows job-seekers to access vacancies placed by employers looking to recruit staff from other Member States. The CV service allows job-seekers to submit their CV to a database that employers can search when they are looking for staff. The EURES network also has over 400 EuroAdvisers working in the 18 EU/EEA countries. They are based within the national employment services, and they aim to provide job seekers with advice and information about working abroad. Across the rest of Europe,many State Employment Services offer particular services, solely to job seekers from other countries. For example, the Zenstralstelle für Arbeitsvermittlung (Central Placement Office) in Germany offers a job-seeking service to foreign nationals.
State Employment Services
European Union (EU) nationals are free to use the services of the State Employment Service in all countries of the EU/EEA (e.g. ANPE in France; INEM in Spain) on an equal footing with nationals of that country. The size & importance of the State Employment Service will vary depending on the particular country. Documentary proof of identity is required in order to use the services of certain State Employment Services (e.g. ANPE in France) but this is easily provided in the form of a passport or national identity card. In order to make speculative approaches to individual companies, EU nationals can obtain lists of addresses from international trade directories such as “KOMPASS” or ‘Who Owns who’ which are usually available in local reference libraries. In other Member States, the local equivalents of the Chamber of Commerce (e.g. the Handelskammer in Germany, Chambre du Commerce in France) provide details of companies for job-seekers to contact in order to find employment.
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Europass
Europass is a European initiative to encourage mobility and lifelong learning among workers and learners in Europe. It records the individual’s skills, qualifications and experience in a standard European format, helping to make them easily understood across Europe. This is a great advantage when looking for work:http://europass.cedefop.europa.eu/
Qualifications
The European Union has worked to devise a set of equivalence standards in order to ensure that qualifications gained in one Member State are recognised in other Member States. However, qualifications in many occupations are still to be assessed and some previous comparability exercises are now due for revision. “Europe open for professions” provides all the information that is available on the comparability of professional qualifications across the EU. The website is available at www.europeopen.org.uk There are NARIC centres in each EU country that help with recognition of vocational and academic qualifications in the relevant country:http://www.naric.org.uk
Entry requirements
In addition to offering information to individual job seekers and companies as detailed above, EURES also gives support Europe-wide to EU/EEA countries by keeping them up to date with changing regulations concerning entry requirements and necessary paperwork
Euroguidance
Each country in Europe has Euroguidance representation. The specific mission of the network of centres is to promote the European dimension in guidance activities and to provide quality information on mobility. Information and training is primarily provided to careers advisors who pass on the information to final users. Individuals contact the Euroguidance centres through the PLOTEUS portal. This is primarily concerned with learning opportunities but individuals can also find information and ask for advice on working in another country in the EU.http://ec.europa.eu/ploteus/
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Europe wide information websites
There are several websites giving information about working in the EU. Some of these are EU funded like the EURES European job mobility portal, Eurodesk www.eurodesk.org/edesk or the Ploteus portal. Europe Direct Centreshttp://europa.eu/europedirect/index_en.htm answer questions concerning rights for European citizens (e.g. residence permits etc).http://europa.eu is the official website of the European Union. It gives basic information on how the EU works and links to EU information on the websites of EU institutions and agencies. SOLVIT:http://ec.europa.eu/solvit/site/about/index.de.htm is an alternative dispute resolution website, working with issues such as residence permits, employment rights and access to education. There are also a few good commercial websites that contain useful information and often host forums for migrants (to help find accommodation etc). Good examples of such
commercial websites are: www.justlanded.com with general information and forums for all migrants and www.eurograduate.com which is aimed at graduates looking for opportunities in the EU.
It can be seen clearly from the above that, across the EU, there is a great deal of information and support available for people seeking work and/or educational opportunities in European countries other than their national homeland. For more information on country specific support on European migration please see the national research reports.
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2.3. Country reports
2.3.1. Portugal 2.3.1.1. Labour migration history A. Migration history
In Portugal, the years between 1965 and 1973 were especially significant in terms of the numbers of people who emigrated mainly for political reasons. Because of the change of the political regime in 1974, and other external factors, these emigration flows (especially permanent emigration) slowed down significantly, while temporary emigration grew (Monde Diplomatique, 2011: p.3). The main destinations included France and Switzerland as well as non-European countries. Although immigration to Portugal before 1980 was not significant, between 1986 and 1997 the number of incoming foreign citizens doubled (to 175 000) (Falcão, 2002: p. 3.). A major proportion of these immigrants were from EU countries, especially the UK, Spain and Germany. They moved to the country for foreign investment purposes and for other reasons including a significant number of retired people who chose Portugal for its climate and way of life. There is also a large number of Spanish doctors who have chosen to work in Portugal. But the main countries from which emigrants come to Portugal are the former Portuguese colonies in Africa (called also PALOPS) with the majority coming from Cape Verde. These groups, unlike the ones arriving from the EU, have lower qualifications and are mainly employed in construction work (Falcão, 2002).
B. Status quo
Recent emigration statistics show changes as far as destinations are concerned. In 2005, the main emigrant destinations within Europe included the UK and Spain, whilst previously important destinations, like France and Switzerland received far fewer Portuguese immigrants. Germany remained in fifth place of the most regular destinations (Direcção Regional de Educação do Centro, 2011). The profile of the Portuguese emigrant community continues to be mainly composed of young men with low qualifications although qualified Portuguese workers do travel to other countries, because of the internationalisation of Portuguese companies (Ibid).
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Current immigration flows from the beginning of the 21st century show a strong movement of Eastern European workers to Portugal. These immigrants are generally highly qualified and employed mainly in construction work. Another recent immigrant community is from Brazil. This group work in restaurants, cafés, construction work and shops. The motivation for the immigration of both groups is economic (Falcão, 2002).
The following chart indicates the main nationalities that received a residence permit in Portugal in 2009.
Figure 1 - Nationalities – Emission of Residence Permits, 2009 (Bento et al, 2009)
C. Labour market context
In 2009, the total population of Portugal was 10 637 713 - 48.4% men and 51.6% women (Instituto Nacional de Estatística, 2009). In February 2010, there were 561 315 unemployed people of whom 47.3% were men and 52.7% women. Around 7.1% of these unemployed people were foreign nationals (EURES, 2011) of whom, 5 290 were EU citizens (mainly from Romania, Bulgaria, Spain and France), and 8 613 were from countries in Eastern Europe (Ukraine and Moldova). At the end of the second quarter of 2009, the sectoral distribution of those in employment was as follows: agriculture, forestry and fisheries: 11.5%; industry, the building trade, power and water: 17
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27.7%; services 60.8% (Ibid, 2011). According to 2007 statistics (Casa do Brasil, 2011), one in every ten employees in Portugal is an immigrant. However, their geographical distribution varies. Most of them live in the southern tourist areas of the country and there are relatively large numbers in Lisbon and the area surrounding it.
2.3.1.2.
Main
political
aims
and
strategies
towards
immigration
According to the latest Migrant Integration Policy Index (MIPEX) released in February 2011 (comparative analysis of 31 countries), Portugal has the best immigrant integration policies in the areas of family reunification and access to Portuguese nationality and is second in terms of its success in integrating immigrants into the labour market (ACIDI, 2011a). These outcomes are mainly because of legal requirements which have been implemented over the last three years. These are the Nationality Act, the plan of Integration of Immigrants for 2007-2009, the plan of Integration of Immigrants for 2010-2013 and the improved Immigrant Act [New Act of Foreigners] especially in relation to the residence; this legislation has led to the launch of a range of programmes for the integration of immigrants in the labour market.
Portuguese emigration policies have received far less attention than those related to immigration. There is not an integrated approach towards those Portuguese citizens who live outside the country despite the large numbers of such communities (CDS-PP, 2011). There is some support directed at those who decide to or consider returning to Portugal. For example, there is a network of support across the local municipalities, called Gabinete de Apoio ao Emigrante, which helps the reintegration of these groups by providing information and taking care of administrative issues (Município de Sátão, 2011). A further support service (ASEC-CP) offers specialist help for those Portuguese citizens who are residents of other countries and are in specific vulnerable situations (Portal do Cidadão, 2011).
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Helpful resources in relation to political aims and strategies of immigration and emigration include the following: The official website of the Interior Ministry (http://www.mai.gov.pt/) provides access to the immigrant official platformhttp://imigrante.mai-gov.info/. This provides a blog in relation to immigration issues, a communication campaign about the new act on immigration (New Act of Foreigners), as well as a section on the relevant legislation. Also linked to the Interior Ministry, the following website (www.imigrante.pt) dedicated to immigrants in Portugal, includes information about migration laws and also news and events. Portal of Citizens (www.portaldocidadao.pt) is an official website for Portuguese citizens which collects important information and news about immigration issues, as well as other information.
The Observatory of Immigration (www.oi.acidi.gov.pt) is a portal that collects all sorts of information (books, publications, projects, research, news and other data) in relation to immigration issues in Portugal.
The Observatory of Emigration (www.observatorioemigracao.secomunidades.pt/np4/home.html) is a portal collecting information (books, publications, research, news and other data) about the emigration of Portuguese communities. United Nations University – Emigration Flows for Qualified Scientists (www.merit.unimaas.nl/braindrain) information available also on Portugal
Blog about Portuguese brain drain (http://theportugueseeconomy.blogspot.com/2010/03/portuguese-brain-drain.html)
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2.3.1.3.
Legal foundations
The most relevant legislation in force is the so called New Act of Foreigners (Lei nº23/2007, 4 Julho - A nova Lei de Estrangeiros) that regulates entrance and residence in Portugal as well as the exit from and removal from the country. This act stipulates the documents necessary to enter the country, states that sufficient financial means are obligatory for the entry, gives information about competent authorities, regulates the entry and residence of students as well as minors, regulates the visa requirements and residence permits including those for professional activities in national territory, etc. (SEF, 2011). In addition, the Act nº 99/03 of 27 August deals with the employment of foreigners but only in very general terms. It establishes the foreign workers´ rights for treatment equal to that of Portuguese workers. It also states requirements regarding some formalities from the nationals who come from outside European Economic Area (SEF, 2011).
The major source of legal information in relation to immigration can be found at:http://www.sef.pt/portal/V10/EN/aspx/legislacao/index.aspx?id_linha=4191&menu_position=4133 #0 as well as at www.imigrante.pt andhttp://imigrante.mai-gov.info/. Additional information about legislative issues is at: www.acidi.gov.pt/es-imigrante/legislacao/legislacao-portuguesa. The frequently asked questions section of SEF (Serviço de Estrangeiros e Fronteiras) answers also legal questions at:http://www.sef.pt/portal/V10/EN/aspx/apoioCliente/index.aspx?spand=2#0
2.3.1.4.
Support systems
No specific support systems at local and national levels were found that are dedicated to career counsellors or career guidance practitioners. Nevertheless, there are websites dedicated to migrant communities (both immigrants and emigrants) providing useful information for them 4.
The main online support for emigrants is the Portal of Portuguese Communities (www.secomunidades.pt or www.consuladovirtual.pt). It provides useful information for
4
This information was obtained through online research conducted by SPI and through the results of the questionnaires
conducted within this WP.
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Portuguese emigrants living in other countries and also for those who are still preparing to emigrate. In addition to information about consulates a virtual consulate is also available; it gives useful information about travelling and working in foreign countries (country specific information) and different kinds of support available for emigrants. As mentioned previously, local physical support is offered in Portugal for those emigrants who decided to return to their home country by the network of Gabinete de Apoio ao Emigrante (Portal das Comunidades Portugueses, 2011). There are also useful sources available for immigrants living in Portugal, which have already been mentioned previously. These include specifically the following online support:http://www.imigrante.pt/http://imigrante.mai-gov.info www.sef.pthttp://www.acidi.gov.pt/
Support for immigrants is available through the Centros Nacionais de Apoio ao Imigrante (CNAI). These centres only exist in Porto, Lisbon and a representation in Faro providing all sorts of help (cultural, legal, social security, health, employment, education, etc) in relation to immigrant integration issues in different languages. Another support facility linked to CNAI is the Centros Locais de Apoio à Integração de Imigrantes (CLAII). This has similar functions to CNAI but is available in more Portuguese cities. In relation to integration into the labour market, a specific service is provided to immigrants by the Gabinetes de Inserção Profissional – GIP, located in different cities. Translation support is provided through a phone service: Serviço de Tradução Telefónica (STT). More information on this is available at:http://www.acidi.gov.pt/es-imigrante/servicos Additional support is offered by organizations of immigrants by nationality (e.g. Casa do Brasil, Associação Caboverdiana, etc.). More information is available at:http://www.aimigrantes.org/assoc_imig.aspx
2.3.1.5.
Challenges for low-skilled labour migrants
The main challenges immigrants face in Portugal are mostly related to linguistic difficulties and social integration. Integration into the labour market presents particular difficulties for immigrant groups arriving from Eastern Europe with higher or medium level (secondary) qualifications. This group does not usually turn to formal structures of local employment but uses social networks 21
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(family members and friends who are resident in Portugal). Another challenge is the type of work they do (cleaning, construction work etc) that frequently does not correspond to their qualification levels 5. In addition, a survey conducted among these immigrants in 2004, revealed that they experienced some level of discrimination in public places, such as cafés, shops etc. (Rodrigues, 2007).
2.3.2. Czech Republic 2.3.2.1. Labour migration history
D. Migration history
The Czech Republic did not exist as an independent country until the mid-1990s. During the First World War, approximately 1.2 million people emigrated from Czech countries (the Czech Republic and Slovakia). Countries like Lower Austria, the USA, Germany, Hungary, Russia, and the Balkans were the most sought destinations for Czech emigrants 6. During the 20th century the process of migration was affected by the Second World War and subsequent politico-economic development, especially the strong relationship between socialist countries and the existence of the Iron Curtain. Labour migration to what was then Czechoslovakia was regulated by inter-governmental and trade agreements. These inter-governmental agreements were between countries belonging to the area of Soviet influence and special trade agreements related to migration existed with Poland and what was then Yugoslavia. Based on these agreements it was mainly Polish migrants who came to join the Czech labour market. They came especially to northern Bohemia to work in the glass and textile industries and to the Moravian-Silesian region to work in the metallurgical and mining industries. This situation came to an end in Czechoslovakia in the 80s and 90s. The critical year was 1989 when the communist
5
This information was obtained through media research conducted by SPI, through informal contacts regarding migration
issues and through the results of the questionnaires conducted within this WP. 6 ABRAMUSZKINOVÁ PAVLÍKOVÁ, Eva. Migrace a etnická identita cizinc? v ?eské republice [online]. 2010. 180 s. Dissertation thesis. Masaryk university. Available at:http://is.muni.cz/th/23431/ff_d_a2/
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regime together with the Iron Curtain fell. Until that time labour migration and other types of migration were possible only within the countries of “Comecon” (Council for Mutual Economic Assistance) 7.
However, even after the establishment of democracy there were still many obstacles for people interested in working abroad because of the protective immigration policy of the target countries. The situation improved after 2004 when the Czech Republic became a member of the EU and again in 2007 after joining the Schengen area. Another change took place when the Czech Republic joined the European Union in that, as well as a significant increase in the number of people leaving the country; the Czech Republic became the country of choice for many migrants who were coming with the intention to settle there.
The number of foreigners working in the Czech labour market grew continuously from the establishment of the Czech Republic in 1993 until it reached a peak in 2008. The overall employment of foreigners increased by 212 854 during the period 1995 - 2008 and the share of foreign workers in the labor force of the Czech Republic increased from 1.7% in 1994 to 6.4% by the end of 2008 8.
E. Status quo
The official records for emigration are more difficult to access and complicated to understand than data related to immigration. For example, data related to numbers of emigrants and data related to the numbers of people registered at foreign labour offices match in no way.
Traditionally important destinations for Czech emigrants are Germany, United Kingdom, Ireland and Austria (which is very popular because of its close location). For seasonal work countries like Spain, Italy and Greece are the most frequently selected.
7 BOUŠKOVÁ, Petra. Pracovní migrace cizinc? v ?eské republice v 70. až 90. letech [online]. 2008 [cit. 2011-02-02]. Available at:http://aplikace.mvcr.cz/archiv2008/azyl/integrace2/nks01/prispevek4.pdf.
8
HORÁKOVÁ, Milada . Vývoj pracovních migrací v ?eské republice v období hospodá?ské recese. VÚPSV, v.v.i, 2010. 131 s.
Aailable at:http://www.cizinci.cz/files/clanky/711/Vyvoj_pracovnich_migrac.pdf.
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The prospect of a higher income or the lack of job prospects in the home country is the most common motivation for migrating. According to the research that has been undertaken at employment offices for the Molam project, most of those hoping to migrate have insufficient knowledge of the language, overall low qualifications and low competences. Many of them do not have a particular job in mind. They lack knowledge about particular areas of work and of the competencies required. In contrast to emigration flows, the data related to immigration is much more accessible thanks to the obligatory registration of foreign citizens at employment offices At the end of 2009 a total number of 230 709 migrants were registered by employment officials Of this number 139 315 came from countries of the EU/EEA/EFTA. Traditionally, the highest number of migrants came from Slovakia, followed by Poland. A slightly smaller but still quite significant group of migrants came from Bulgaria and Romania. As these migrants are mostly from countries in central or south-east Europe, the motivation for labour migration was the opportunity to find a better job, better income and better living conditions 9.
The data cited above is indicative of the persistence of a tradition of past cooperation (i.e. Slovakia, Poland, Bulgaria), as well as revealing an interest in jobs requiring lower qualifications (i.e. Ukraine, Romania, Moldavia, Mongolia and Vietnam). The data also shows that, as a result of the opening up of the labour market to other countries, revenue is coming to the Czech Republic together with workers (Germany, UK, France, etc.) 10.
The following graph shows the 10 countries with the highest number of labour immigrants registered by the labour office in 2009 according to CZ-NACE classification. This classification is in accordance with the international classification of economic activities and Regulation (EC) No. 1893/2006 of the European Parliament and of the Council. As can be seen in the graph most foreigners in the Czech Republic work in manufacturing and building industries.
9
Zpráva o situaci v oblasti migrace a integrace cizinc? na území ?eské republiky v roce 2009 [online]. Prague, 2010 [cit. Available at:http://www.mvcr.cz/clanek/migracni-a-azylova-politika-ceske-republiky-
2011-01-23].
10
470144.aspx?q=Y2hudW09NA%3D%3D SOU?KOVÁ, Zde?ka . International Labour Migration in the Czech Republic After EU Accession [online]. Brno, 2010. 65 s.
Bachelors Thesis. Masaryk university. Available at:http://is.muni.cz/th/171775/esf_b/BP_Souckova.doc
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Figure 2 - Countries with the highest numbers of labour immigrants registered by the labour office in the Czech Republic in 2009 and the proportion of their employment according to CZ-NACE 11
Trends in the Czech labour market in recent years reflect the unfavourable situation caused by the world economic crisis. The rate of unemployment that had been steadily decreasing since 2004 increased again in 2009 and this increase continued during the whole of 2010. The current rate of unemployment on January 1st 2011 was 9.7% (the proportion of unemployed people in the labour force). Changes in the unemployment rate in recent years are shown in the graph below.
11
Czech Statistical Office [online]. 2010 [cit. 2011-01-12]. Zam?stnanost - datové údaje. Available at:
http://www.czso.cz/csu/cizinci.nsf/...c6b00305e13/a8dd69e15c3e97e9c12576e40054b327/$FILE /c05g06.xls
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Figure 3 - Changes in the unemployment rate between 2000 and 2009 in the Czech Republic 12
During times of decreasing unemployment, the number of foreigners employed in the CR constantly grew and foreigners accounted for more than 40% of the total increase in the labour force. However, the negative developments in the labour market in 2009 had a more significant influence on foreigners than on Czech employees. The number of foreign workers fell annually by almost 12 thousand which represented more than one fifth of the total number of working people in the CR. This loss was observed only in the category of employees and the increase in the number of self-employed foreigners with trade permission at least partially compensated for the substantial reduction in the number of foreigners registered by the labour office 13.
12
Czech Statistical Office [online]. 2010 [cit. 2011-02-03]. Zam?stnanost a nezam?stnanost v ?R podle výsledk? VŠPS -
?asové ?ady. Available at:http://www.czso.cz/csu/redakce.nsf/i/zam_cr
13
Czech Statistical Office [online]. 2010 [cit. 2011-02-02]. Foreigners in the Czech Republic 2010. Available at:
http://www.czso.cz/csu/2010edicniplan.nsf/engp/1414-10
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2.3.2.2.
Main
political
aims
and
strategies
towards
immigration
The national priority in the area of migration is to take effective measures to support controlled legal migration whilst minimising illegal migration. A further priority is to ensure the effective protection of national borders within the Schengen area.
During the 1990s, the Czech Republic went through a transition from being an emigration country to an immigration destination and therefore it is under pressure to increase legal immigration. Public opinion is relatively negative regarding the increasing number of foreigners entering the Czech Republic.
However, the Czech government is under demographic pressure - because of a shortage of people in the labour market combined with an aging population. Therefore an active migration policy has been adopted. The Pro-immigration policy focuses especially on attracting a skilled and highly qualified labour force. During 2003 – 2010 the project, “Selection of Qualified Foreign Workers” was created in order to improve the situation in the labour market. The strength of this project was commitment to ongoing evaluation in order to remove problematical aspects of employing skilled workers from other countries. For example, the last evaluation indicated that the rules governing the employment of foreigners pose a significant problem. Therefore the Ministry of Labour and Social Affairs called for steps to make the process of searching for a job and the actual tasks of the job itself easier for foreign applicants. At present the project has ended and there are new tools facilitating the employment of foreigners – the Work Permit, Blue Cards and Green Cards are often used as pro-immigration tools in the CR (see below in ‘Legal Foundations’). Both cards are issued for a specific job and entitle the foreigner to both reside in the Czech Republic and work in a job for which the card was issued. The green card simplifies entry to the job market for foreigners who have qualifications for which the Czech Republic has a job opening. According to the level of qualification three types of cards are issued: 27
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type A: for qualified workers and key personnel with university education type B: for workers in jobs where minimal vocational education is required type C: for other workers.
The card is valid for 2-3 years but for card types A and B it is possible to extend their validity under certain circumstances for up to 3 years. The green card is for foreigners and citizens of certain countries which are not members of the European Union. These countries are the following: Australia, Montenegro, Croatia, Japan, Canada, South Korea, New Zealand, Bosnia and Herzegovina, Macedonia, United States of America, Serbia, and Ukraine.
The blue card makes it easier to access the job market for foreigners with a higher qualification that is in demand in the Czech Republic. The completion of university education or higher specialised education where the studies lasted for at least 3 years is required. It is for foreigners from countries that are not members of the European Union and to which an exemption listed in Act No. 435/2004 Coll., on Employment, does not apply. The blue card is valid for the term of employment set out in the employment contract plus 3 months, but to a maximum of 2 years 14.
2.3.2.3.
Legal foundations
The migration policy of the Czech Republic is governed by the following regulations: Act No. 326/1999 Coll., on the Residence of Aliens in the Territory of the Czech Republic (1.1. 2011 an amendment of act came into operation) and Act No. 435/2004 Coll., on Employment.
Foreigner
According to law, a foreigner is a person who is not a citizen of the Czech Republic, of the EU, the EEA or Switzerland and has no family member who is, as well as a person who has no nationality.
14
Ministry of Labour and Social Affairs [online]. 2009 [cit. 2011-01-28]. Foreign Employment Matters. Available at:
http://portal.mpsv.cz/sz/zahr_zam
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Persons with nationality other than Czech who legally reside in the CR have the same rights as citizens of the CR. Therefore they must not be restricted while searching for jobs, except for particular jobs where Czech citizenship is required by law. The same rights are applicable to foreigners enjoying temporary protection under special legislation.
Citizens of the EU as well as of Switzerland and the EEA and their family members have the same legal status as Czech citizens. These persons do not need a work permit for employment purposes. In order to support the employability of citizens, special tools mentioned above are used (Blue and Green Card – see above).
When foreigners are employed by Czech employers, labour-law relations are governed especially by the Labour Code and related regulations.
Conditions for employment are also defined by the Employment Act, which requires that a foreigner employed in the CR has to have an individual work permit, if such a permit is needed. Also, the employer must have a valid permit to recruit employees from abroad.
Czech labour law, in particular the Labour Code, wage regulations, regulations on general health insurance and social security legislation are applicable to foreigners who are employed by an employer from the Czech Republic. The minimum wage is defined by No262/2006 Coll., of the Labour Code and it has stayed at the same level since January 2007.
2.3.2.4.
Support systems
Several tools (especially online) are available in the Czech Republic that can be used by foreigners to search for a job. However, these tools are mostly available only in Czech and in English which may cause problems for workers with lower language skills. Fortunately, thanks to projects funded from various sources, plenty of useful brochures, leaflets and guidebooks in languages of those nationalities who arrive in the CR most often have been created. EURES offices can be used as a key contact point for foreigners. Here, migrants can find adequate support including information on available jobs. Centres for the support of the integration of 29
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foreigners are very important contact points which are located in most Czech regions. These centres provide migrants with language courses as well as with other information needed for social inclusion in Czech society. Apart from this, migrants can meet other people of the same nationality here and consequently feel more comfortable 15.
In 2009 the Ministry of Interior published a document called “Information Booklet for Foreign Nationals” which is available in Czech or English and foreigners can find useful information on all important topics needed for living in the CR. This publication can be found at the following link:http://www.cizinci.cz/files/clanky/594/informacni_publikace_anglicina.pdf
There are also several publications for potential Czech employers on how to effectively communicate with foreigners and to prevent misunderstandings.
2.3.2.5.
Challenges for low-skilled labour migrants
According to Eurostat, low skilled persons are defined as those who have achieved an education up to level no. 2 of the classification ISCED. ISCED levels 0-2 include: Pre-primary education, Primary education and lower secondary education. The following graph shows the proportion of low skilled people in the population aged 25-54 years in the CR and EU 27.
15
Refugee Facilities Administration [online]. 2009 - 2010 [cit. 2011-01-20]. Centres for the support of the integration of
foreigners. Available at:http://www.integracnicentra.cz/PoskytovaneSluzby/PoradenskaAInformacniCinnost.aspx.
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Figure 4 - Proportion of low skilled persons at the age of 25 – 64 years 16
The problem associated with the labour migration of low skilled people is their low employability in general. These people are less employable in their home countries and travelling abroad adds the extra difficulty of language barriers. Another problem is that it is often not possible to prove competencies they have attained. As these applicants do not have any certificates, it is hard to prove their skills and competencies to potential employers. In the Czech Republic people with low educational levels work predominantly in positions requiring no qualifications - positions that are not accepted by Czech labour applicants.
A big risk connected to the labour migration of these people is illegal migration and illegal employment. Wages are often lower for migrants and their housing and social conditions can be poor. These circumstances may result in anti-social and illegal activities.
16
Czech Statistical Office [online]. 2010, 09.02.2011 [cit. 2011-02-11]. Obecná databáze Eurostatu (Czech version).
Available at:http://apl.czso.cz/ode/tab/tsdsc430.htm#aV
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2.3.3. Spain 2.3.3.1. Labour migration history
F. Migration history
Incoming migration
Although Spain can be considered a net receiver of migration since the 70s, the strongest wave of immigration was registered between 1995 and 2005. During this decade, the percentage of immigrants in the total population increased from little more than 1% to almost 9%, slightly increasing also in the following years until reaching 12,2% in 2010 (Ministerio del Interior, 2010). According to statistics, Spain has recorded the biggest increase in immigration in the EU27 in the last decade (Eurostat, 2008). Labour immigration growth came along with the Spanish economic boom and the progressive enlargement of the European Union towards central and Eastern Europe. Currently, the highest represented national groups in Spain are Romanians and Moroccans, followed by Ecuadorians and British, the latter being composed mainly of retired people living along the coast. Other significant European immigration into Spain includes people from Italy, Germany (with similar reasons to the UK), Portugal and France. However, the current economic crisis has reversed the trend, decreasing the incoming waves of migrants and providing an incentive for thousands of immigrants to go back to their country of origin.
Outgoing migration
Historically, for most of the 20th century, Spain has been a major exporter of labour (Balch, 2010). Emigration was particularly strong during Franco’s dictatorship, and began to dwindle since the end of it, as a result of the progressive return of exiles. Over the whole of the 20th century records show that six million Spaniards left their country of origin. Until the 1930s, 80% of these emigrants chose to go to the Americas, whilst from the 1950s to the mid-1970s, 74% migrated to the countries of Northern Europe (Ortega Pérez, 2003). It is only in the last third of the 20th century that Spain evolved from its traditional role of a sending to a receiving country. It is now also something of a transit post for migrants heading north.
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The recent economic downturn which has provoked a steep increase in the unemployment rate has seen emigration again begin to rise. According to official data, nearly 102.432 Spaniards moved abroad in 2009, almost 40% more than in 2008, and about 23.400 returned home from abroad in 2009, around 20% less than in 2008 (La Vanguardia, 2010).
G. Status quo
Emigration flows: As stated above, Spain is recording an increasing wave of emigration caused by the current economic crisis. The highest unemployment rate in Europe and negative forecasts for the Spanish economy are driving several Spaniards to look abroad for professional recognition which they cannot get in their home country. In comparison to the emigration trends of the previous decades, current Spanish outgoing trends are characterized by highly educated migrants coming mostly from large cities – mainly Madrid and Barcelona – and speaking foreign languages (Albert, 2010). In short, Spain is producing qualified emigration of young professionals trained in national universities but unable to find employment in their home country. A 2010 survey of the Instituto Nacional de Estadistica showed that the Americas still remain the favourite destination, with 6 out of 10 emigrants opting for this solution, and with Argentina leading the table. Europe is the second favourite destination (37%), whilst Spanish presence in Asia is still marginal, but figures show a significant increase in the last two years (about16%). Gender analysis showed a substantial equilibrium between men (48,9%) and women (51,1%).
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SPANISH-BORN RESIDENTS IN FOREIGN COUNTRIES (COUNTRIES WITH 10.000 OR MORE SPANISH RESIDENTS)
TOTAL
MEN
WOMEN
Germany Andorra Belgium France Italy Netherlands UK Switzerland Argentina Brasil Canada Chile Colombia Cuba USA Mexico Peru Dominican Republic Uruguay Venezuela Australia
105.916 23.296 43.397 183.277 17.421 18.724 60.368 90.142 322.002 82.189 10.817 33.725 13.241 52.638 72.730 77.069 10.889 13.880 54.544 167.311 15.323
53.036 11.555 22.088 90.896 5.947 9.457 27.385 45.938 150.107 42.337 5.610 16.527 6.674 22.994 35.805 39.754 5.360 7.363 25.567 83.964 7.788
52.880 11.741 21.309 92.381 11.474 9.267 32.983 44.204 171.895 39.852 5.207 17.198 6.567 29.644 36.925 37.315 5.529 6.517 28.977 83.347 7.535
Table 1 - Spanish-born resident per country, Jan 1st, 2010
Immigration flows
During the period 1998-2008, Spain has experienced more than a five-fold increase in the numbers of foreign residents (see figure 1). As the graph shows, there are two main sources of information about the foreign population in Spain – the Padron and residence permits data. The former is a population register operated at local level; the latter comes from the Interior Ministry. The gap between the two sources is indicative of the extent of irregular migration in Spain.
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Figure 5 - 1997-2008 Evolution of immigration in Spain (source: Ministerio de Interior)
Along with such an impressive overall increase in numbers, significant changes in the country of origin of immigrants have taken place over time (see figure 2). This has involved a regional shift away from Europe, which until the 1990s constituted nearly half of all legally foreign residents. Since the 1990s, there has been a sharp increase in those coming from countries in the Americas (nearly all Latin America) and Africa. Finally, in recent years, there have been more Europeans, chiefly from new EU member states such as Romania (see Figure 5).
Figure 6 - Evolution of immigrant origin (source: Delegación de Gobierno para la Extranjería y la Inmigración)
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Figure 7 - Immigrants by country (source: Instituto Nacional de Estadistica)
Tackling immigration from a labour perspective, it must be noted that in Spain nearly 59% of all work permits for non-EU workers are in the service sector, followed by the agricultural sector (21%). Unlike other countries where immigrant labour has permeated construction and parts of industry, in Spain, these sectors account for only 9% and 7%, respectively.
The economic crisis is greatly affecting immigration in Spain. The OECD’s 2010 ‘International Migration Outlook’ reported a progressive reduction of Spanish migration inflows. In 2008, the first year of the crisis, immigration was at just below half of the level of the previous years (390.000 in comparison to 682.000). OECD, backed by the EU Commissioner for Employment Lazslo Andor, asked for more attention to be paid to the progressive worsening of immigrants’ living conditions in Spain.
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H. Labour market context
After a decade of rapid growth, in 2008 Spain entered a recession of unprecedented severity and duration. While the scale of the decrease in output was broadly similar to that of other European economies, it has resulted in a massive rise in unemployment. The economy showed slow expansion in 2010, but growth is expected to remain subdued owing to the necessary further adjustments in the housing sector and a high degree of private debt. As a consequence, unemployment is expected to remain high (OECD, 2010). The massive increase in unemployment, especially among the young and unskilled, has made the structural weaknesses in the labour market evident. Structural unemployment is high and is likely to have increased during the current crisis.
During economic boom times and periods of relatively low unemployment, immigrants’ contribution to GDP growth accounted for about 0,6% of the total Spanish GDP (IPS, 2006) and for more than 50% of employment growth in Spain, producing positive effects on housing demand (Vásquez, 2006), one of the pillars of Spanish growth. The economic downturn in 2008 has produced, as expected, a complete turnaround in this figure. Immigrants have begun to leave the country – also under the impulse of ad-hoc national policies – and those who remain face a progressive deterioration of working and living conditions (OECD, 2010). Young skilled Spaniards seek opportunities abroad, thus making the Spanish job market less tempting for foreign investors.
2.3.3.2. Main political aims and strategies towards immigration
Immigration became part of the Spanish government's agenda in 1985, but it was not until the mid1990s that it became a matter of vital importance. Overall, the first wave of immigration policy in Spain was guided to a large degree by the demands of EU membership and liberal constitutionalism. Immigration was initially treated as a temporary phenomenon and quotas were set up with recruitment in countries of origin, but the whole process was complex and inefficient (Balch, 2010). Immigration first became an election issue in Spain in 1996 where a clear division between conservative Partido Popular (PP) and socialist/reformist Partido Socialista Obrero Español (PSOE) emerged. The former focused upon border controls in a response to the perceived concerns of the electorate, whilst the latter presented a more inclusive agenda with links with NGOs working in the area. These distinct policies continue to divide Spain’s two main parties. 37
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Since the beginning of the economic crisis, the influx of migrants has been regarded as a source of instability and inequality within the Spanish job market. Even the PSOE has moved towards more ‘nationalist/conservative’ policies, and has introduced measures to make incentives available for the voluntary repatriation of immigrants.
The growing quota of skilled Spaniards leaving the country to fulfil their professional goals has become a subject for constant discussion in current political debate. The governing party PSOE is trying to encourage Spanish emigration towards countries with stronger economies. This policy has a double aim: on the one hand, reducing youth unemployment and, on the other hand, fostering learning and training of young Spaniards at no cost, hoping to set the base for the economic recovery of the country and, therefore, to ensure a viable future in Spain for this kind of ‘temporary’ emigrant. In this field, special attention is focused on emigration to Germany, in response to a recent declaration by Chancellor Merkel on the ability and willingness of Germany to employ young Spanish (and Portuguese) professionals. This offer is intended to solve the deficit of young professionals in Germany and partially to alleviate Spain’s (and Portugal’s) unemployment problem. The President of the Spanish Government, José Luis Rodríguez Zapatero and Chancellor Angela Merkel reached an informal agreement in February 2010. According to the main opposition party PP, this agreement is no more than an attempt to hide the flaws within the economic policies of the socialist government.
2.3.3.3. Legal foundations
In Spain, all issues concerning immigration and integration of immigrants are regulated by the Law on the Rights and Freedoms of Foreigners in Spain and their Integration (Law n. 4/2000). Most importantly, this law marked the transition in Spain from a policy focused on controlling immigration flows (política de extranjería) to policies that looked more broadly at immigration and integration (política de immigración). Furthermore, the law conforms to common European policy on immigration and asylum, and has also provided the basis for the setup of the so-called Plan Greco on immigration management (2001-2004) which has lately been judged ‘good practice on migration policies’ by the ILO. The Law provides the State with the necessary legal instruments to deal with immigration in a liberal manner by granting new rights to foreigners, including rights to 38
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sanitary care and housing, and by making other rights more readily available, including the right to social security and education. Other relevant legislation in the field of immigration and labour concerns the Salario Mínimo Interprofesional (SMI), the minimum wage a worker can be paid in Spain. The SMI is published every year on the Official Bulletin of the Spanish State and currently amounts to 21.39 €/day, 641.40 €/month and 8,981.84 €/year (14 salaries/year). The percentage of Spanish who benefit from the SMI is the lowest in the EU27 (0.8%). In order to fight social problems arising from high unemployment rates, the Spanish government introduced the so-called paro, a compensation currently adding up to little less than 500€/month for unemployed people who meet certain criteria. In December 2010, President Zapatero suggested that because of the high public deficit that Spain is currently facing, this compensation was no longer affordable and should be stopped. Residence permits for non-EU citizens, are regulated according to Law 4/2000. The Law distinguishes between ‘temporary’ (