Abstract
The issue of illegal migrant workers is not a new phenomenon in developed countries, such as European countries, known as destination countries for migrants to seek better life. In the Netherlands, in particular, we find a big number of Indonesian migrants who stay and work without proper documents. These workers exist since the 18th century up to nowadays, especially since the establishment of the European Union (EU) which opens up European countries’ internal borders, specifically known as the ‘schengen countries’. They come mostly to European countries such as France and Germany as a tourist and thereafter go to the Netherlands to stay and work illegally. For developing countries such as Indonesia, the issue of illegal migrant workers is not really common. The existence of Chinese Illegal migrant workers has become a great issue in Indonesia at the end of the year 2016. Unlike the Indonesian workers in the Netherlands, the Chinese workers are invited by the company to come and work in Indonesia ‘temporarily.’ because of a contract between Chinese investors and the Indonesia government to transfer their knowledge and technology to the locals. A problem comes when these Chinese migrant workers stay even after their visa is expired and keep working in Indonesia. This paper will describe the background that drive migrants to stay and work illegally in another country and compare the law on migrant/ foreign workers and immigration law in EU, in particular in the Netherlands as well as the free movement regulation and its impact.
Highlights
The issue of illegal migrant workers is mostly found in the developed countries
In the Netherlands, in particular, we find a big number of Indonesian migrants who stay and work without proper documents
We can see how developed countries are busy with their immigration rules; make a limitation for migrants who are coming to their countries
Summary
The issue of illegal migrant workers is mostly found in the developed countries. A lot of migrants from poor or developing countries come to developed countries to find job and better income to improve their family’s life in their home country. Issue of illegal workers could be founded in receiving countries of migrant workers such as in Malaysia, Hong Kong, Taiwan and Saudi Arabia It is happened since a lot of workers who finished their contract keep staying in such countries to continue their work without proper documents. Problem comes when these workers stay after their visa is expired In another hand, Indonesian workers themselves become illegal workers in other countries, for example in the Netherlands. The MOU explained in details that collaboration between Indonesia and China will be in infrastructure sectors such as railway, highway, harbor and airport and in industrial sectors such as power generation, steel, metal, ship building, cement and glass, agriculture, logistic, tourism, chemical, industrial parks and finance With this MOU, a lot of investor from China came for projects in Indonesia and made an agreement with Indonesian government.
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