2. State regulation of labor immigration.

2. State regulation of labor immigration.
The regulation of labor imports has two main objectives:
1. Protection of the national labor market from the spontaneous flow of migrant workers, as it aggravates the problem of employment.
2. Ensuring the rational use of foreign workers, that is, the application of their labor in those areas that can not be provided at the expense of internal labor resources.
International labor migration has both positive and negative consequences for recipient countries.
The positive consequences include the following:
1. Employment of jobs associated with unrewarding or hard work, which are not claimed by the citizens of the host country. For example, in 1995, immigrant workers accounted for 19.4% of the total labor force in Switzerland, 10.2% in Austria, 7.4% in Germany, and 6.2% in France. In the absence of foreign workers, production in these industries would be much less.
2. Expansion of the domestic market of the host country due to the demand for goods and services from foreign workers.
3. Reduction of the tax burden on the state budget.
Labor migrants not only do not require social benefits, but by paying taxes and other mandatory contributions, they reduce the relative tax burden on the indigenous population.
The negative consequences of international labor migration generally include the following:
1. The growth of illegal migration, especially at the expense of workers who have expired the labor contract, but they do not go back to their homeland, hoping to find work in the host country again.
2. The growth of social tension due to the growth of illegal immigration.
Currently, labor-importing countries have developed a system of state regulation of immigration, which includes legislation on the legal, political and professional status of immigrants, national immigration services, and interstate agreements on migration.
At the international level, the activities of the national immigration services are coordinated by the SOPEMI (Permanent Migration Monitoring System), established by the OECD (Organization for Economic and Social Development) member countries.
The intergovernmental agreements on hiring foreign labor stipulate the conditions for the stay of migrants in the host country, the observance of which is designed to protect the interests of migrants. Thus, intergovernmental agreements on hiring foreign labor concluded between the Federal Republic of Germany and the exporting countries contain the provision that the employment and payment of foreign workers are carried out by employers on the basis of the same clauses of tariff agreements as for German workers.
Immigration services of the countries control, first of all, the entry of immigrants into the country. They issue entry permits in accordance with the applications of entrepreneurs about the workers they need, and such permission is issued for a certain period.
The first stage in regulating migration processes can be considered the organization of recruitment of foreign workers, which is carried out on the basis of intergovernmental agreements.
International agreements can be bilateral and multilateral. These agreements establish certain quantitative limits (quotas) for the entry of citizens into a particular country.
Multilateral agreements take place between the countries of the European Union. Of particular importance here is the regulation of immigration from third countries (ie from countries outside the European Union).
These agreements are usually implemented through national departments dealing with labor issues (for example, in Switzerland – the Federal Office of Industry, Handicrafts and Labor, in Finland – the Ministry of Labor, in China – the State Administration for Foreign Professional Affairs).
The procedure for implementing immigration agreements is as follows. The party sending workers abroad, conducts a preliminary selection of candidates in accordance with the criteria agreed with the other party. The authorized body of the sending party verifies the compliance of the proposed migrant candidates with the terms of the international agreement, and then forwards the data on these candidates to the host authority.
In general, the restrictions of the host countries do not apply to the following categories of workers:
1. Employees who claim low-paid work, work with hard and harmful working conditions, not prestigious and low-skilled work.
2. Specialists of rapidly developing and priority spheres of economic activity.
3. Representatives of rare trades (diamond cutters, restorers of paintings and old manuscripts, doctors practicing non-traditional methods of treatment).
4. Specialists of higher qualification and representatives of free professions (outstanding scientists, musicians).
5. Management personnel of firms and their units, as well as entrepreneurs who transfer their activities to the host country and create new jobs.
It should be noted that the state apparatus of recruiting foreign workers can not always cope with the recruitment of workers in the required amount. In this regard, in many countries there is an institution of private intermediaries, i.e. firms or private persons who, having received from the state bodies a license for this type of activity, are engaged in the selection of personnel for work abroad.
However, the state should monitor the activities of such firms. The lack of such control often leads to an increase in illegal immigration.
In recent years, many countries, for example, Austria, Sweden, Finland are trying to tighten control over the entry of foreign workers into them. So Sweden intends to demand from the immigrant not only the presentation of a signed contract for work, but also the knowledge of Swedish or English, as well as confirmation of the hiring of housing. But this does not give tangible results.
Naturally, there is little reliable data on the extent of illegal immigration. According to experts, in the last decade it has increased. This can be associated not only with the increase in the number of people trying to “find happiness” abroad, but also with the fact that an employer using foreign labor forces, when hiring illegal immigrants, receives more manageable and cheaper workers. After all, in this case, there are no insurance premiums and other payments mandatory for legal employment.
The number of illegal immigrants is replenished not only at the expense of people who illegally entered the country. A serious problem for the host countries is the return of foreign workers to their homeland after the expiration of the contract (ie repatriation). Unwillingness to return home is due to the existence of those economic, social, and psychological problems that returnees will inevitably encounter in their country.
Programs have been adopted in several Western European countries to encourage repatriation. For example, in France and Germany, material payments were made in case of voluntary dismissal of foreign workers, as well as their return to their homeland. In 1982 in the FRG were introduced payments to Turkish and Portuguese workers, which were paid only six months after their return to their homeland. However, these measures did not lead to a significant decrease in the number of foreigners.
Similar measures were taken by the Government of the Netherlands. A draft law on material assistance to repatriates was drafted and the time limit for the stay of foreign workers in the country was limited. However, these proposals of official circles provoked a negative reaction on the part of entrepreneurs, in case such a law was adopted, they were deprived of cheap, undemanding workers.
Entrepreneurs said they would introduce a premium to keep foreigners in the country. In addition to programs that encourage repatriation through the payment of certain sums of money, labor-importing countries have developed various measures aimed at facilitating the integration of returning workers into the economy of their home countries.
France among the first among the countries of Western Europe in December 1975 introduced a system of training for immigrants from Algeria, Tunisia, Morocco, Portugal, Mali, Yugoslavia, Turkey and Spain. Germany in the early 70-ies announced a similar program for the training of foreigners from Turkey, Yugoslavia, Greece. However, the number of foreigners trained under this program was very small and did not give tangible results in encouraging repatriation.
One of the means aimed at limiting the number of foreign workers is the payment for the hiring of foreign workers in some European countries, which is gradually increasing. However, despite this tax, entrepreneurs in many cases benefit from using foreign labor, especially illegal labor, as less protected and more manageable.
Along with “soft” methods of regulating illegal immigration (payment of bonuses for return to their homeland, etc.), the governments of the recipient countries also use strict coercive measures, including forced expulsion from the country.
In general, it can be said that the process of repatriation of foreign workers from developed countries has been and is proceeding slowly, despite the adoption of measures of an economic and non-economic nature. The increase in repatriation would become possible only if the differences in living and working standards between recipient countries and donor countries were reduced, and the socio-economic conditions in the countries of emigration improved.
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