Labour Migration Policy Research Articles

LEGAL ISSUES AND ECONOMIC JUSTIFICATION OF EU WORK PERMIT QUOTAS

The interest in the European Union work permit quotas arises largely as a result of globalization and digitalization, while the European Union member states produce more labor services than materials, followed by deviations in labor policies. The main aim of the article is to analyze the work permit policies implemented by the EU and its member states to manage the legal employment of migrant workers, focusing on the existing programs during the last two years. The subject of the study is the outcome of work permit legislation and quotas for third country economic relations with the European Union. The methodology of the research includes the method of descriptive and explanatory study of legal issues of EU work permit quotas, followed by statistical analysis with legal review of the data on the subject. The study is based on the analysis of documents (founding acts, directives, regulations, decrees, etc.) of the EU countries and is focused on the research of the scope of their domestic decisions. As a result, the paper raises and analyzes many important issues of the European Union's work permit quota regulations in times of socio-economic imbalance. The first section of the paper provides an analysis of the legal background of labor migration policy at the EU level. The second section deals with the political and legal work permit measures (quotas) defined by the member states to secure their national economy. The second section is dedicated to the statistical survey of the EU work permit policy in the context of the employment of migrant workers of Ukrainian origin. The hypothesis of the paper is that labor migration is a social phenomenon with a long historical background, while the work permit quota is an annual governmental mechanism established in relevant normative acts of the states. Practical implications are as follows: the conclusions and methodological approaches to legal work permit model, obtained as a result of the study, is considered a tool for national security management of multiplicative risk factors, and is applicable to condense misleading in labor policies of EU member states and in third countries. The value/originality of the paper is revealed by the use of behavioral and economic analysis (in the context of humanitarian crisis in Ukraine). The paper modifies the current situation on execution of regulatory acts within the framework of EU work permit quotas as currently improving measures.

The effect of creating a single EAEU labor market on the level of financial well-being of migrant households (exemplified by the Republic of Armenia)

The article analyzes the effect of creating a single EAEU labor market on the financial well-being of households in countries that mainly send migrants, exemplified by the Republic of Armenia. Based on data of the Integrated Living Conditions Survey (ILCS) 2012-2017 and using the difference-in-differences method, the study has identified a significant causal relationship between the country’s accession to the EAEU and reduced income gap between households with migrants in Russia and households with migrants in other countries and regions or without migrants at all. Thus, after Armenia’s accession to the EAEU, income of the households sending migrants to Russia became 6-11% higher than the one of the households sending migrants to other countries, despite the fact that until 2015 there was hardly any difference in income; the income gap with the households without migrants decreased from 6% in 2012-2014 to 2% in 2015-2016. The confirmed positive impact of Armenia’s accession to the EAEU makes it possible to consider it a tool for reducing poverty in the Republic of Armenia as well as recommend to continue development and harmonization of the labor migration policy of the EAUE member states.

Canada’s Temporary Labor Migration Policy: The Case of Mexican Seasonal Agricultural Workers

The article analyzes Canadian temporary foreign worker migration policies through the prism of Canada’s Seasonal Agricultural Worker Program (SAWP), one of the largest and oldest seasonal worker programs in Canada’s postwar immigration policies, whose main participants are seasonal farmworker migrants from Mexico. The article outlines the premises of Canadian labor migration policies and presents a brief history of Mexican migrations to Canada. Most importantly, however, it focuses on the functioning of SAWP, presenting the program’s positive impact as well as its shortages and failures through the lens of experiences of its Mexican participants. The summary of this text proposes certain reforms and changes to SAWP that might help eliminate some of the program’s deficiencies.

Typology of International Migration in Globalization Challenges for Realizing Bangladeshi Migrant Worker’s Rights and Their Contribution to Social Development

Purposive movement of people in a global era that sense may term international migration where the interaction of global and local networks takes place in various forms. The globalizing economy is one of the prime forces behind migration where the traditional push and pull factors have been amplified as “glocal” interaction. Conversely, the term globalization may be used to refer to a set of processes that are thought to transfer or exchange social, political, economic, and cultural conditions in another nation-state spontaneously. The present diasporic societies make it easier for the migrant to find such thing as shelter and work at the same time remittance to their home country have become an increasingly significant factor in globalization and the economies of many home countries. The international population movement bolsters the economies of individual families and the state at large by selling their labor through the different typologies of international migration such as permanent migrant settler, migrant student, refugee and asylum seeker, undocumented migrants, and migrant workers. Employment Abroad Bangladesh began exporting its labor force in 1976 to the present mentioning the migrant worker categories, short terms migrant, skilled, semi-skilled, and inept are regularized to exchange their human capital for earning foreign currency. Empirical research studies have been conducted on international migration along with qualitative research methods applied for tracing the present scenario with the study of taken initiatives of Bangladesh government for the importance of labor migration in our national economy. As other finding shows that overseas skilled and semi-skilled migrants were a good number in 2000 then it kept increasing, In the continuous process, our trained employees increased by 36,025 in 2001 and in 2002 it raised to 56,265. Thus, in 2003, 74,530 skilled workers moved, and the number of semi-skilled laborers increased by 29,236 from 2005 to 2007. In 2007, remittances earned by foreign workers totaled $6.568 billion. The Ministry of Expatriates’ Welfare and Overseas Employment of Bangladesh reported that annual remittances transferred to our basket were almost $22.1 billion in 2021, the seventh highest in the world and the third highest in South Asia. In other words, it is the flow of funds associated with immigration though the current net migration rate for Bangladesh in 2022 is -2.113 per 1000 population, a 2.18% decline from 2021. This article aims to show different types of migration in the holistic spectrum of economic globalization concerning migrant workers of Bangladesh and their contribution through remittance to our economy and society, and also, analyze the role of local and international organizations on labor migration policies, especially those that normalize to exchange of migrant workers in Bangladesh.

The Economic Prospects of Sustainable Labour Migration and the Need for a Legal Framework in Nigeria

Sustainable development has been a germane concept to international policy since the year 1992. The concept of Sustainable development also serves as a springboard for understanding labour migration as a phenomenon for the economic viability and social sustainability of developing and developed nations. This is because labour migration is a phenomenon that is rooted within the strata of socio-political sustainability, one of the recognized pillars of sustainable development. From the standpoint of migration history in Nigeria, migration has persisted internally in the form of rural-urban migration driven by varying socio-economic factors and externally, in the form of labour migration with a significant number of young Nigerians, many of whom are not deterred by the risks associated with travelling to Europe via unsafe paths, exploring some of these paths. Nigerian youths consisting of individuals aged between 15-35 years also comprise the largest population of migrants from the Global South seeking opportunities in other countries outside Europe. The ILO, the United Nations Department of Economic and Social Affairs-Statistical Division and the International Organization for Migration in development circles have advanced the discourse of labour migration whilst prompting countries to mainstream strategies that would allow the benefits of labour migration to be fully maximized. An ethical legal framework in sending countries (being developing countries in most cases, and in this instance referring to Nigeria) and receiving countries (being developed countries in most cases and in this instance referring to countries in Europe). It is within this framework that the economic prospects of labour migration can be properly reaped. In establishing a legal framework for Nigeria, it is important to consider what the country stands to lose with sustained outflow of youths and professionals required for nation building to Europe and sectors in Europe, this consideration would guide the concessions that can be made in the design of Bilateral Labour Agreements between Nigeria and Sending countries. The researcher of this work ultimately contemplates the realization of a legal framework in the form of a legislation that will strongly define labour migration in Nigeria, which would also be a consolidation of prior efforts channeled towards establishing a labour migration policy for Nigeria. The Research methodology utilized in this work is a combination of the Qualitative Legal Research and Analytical Legal Research. This is because the work relied mainly upon non-numerical data sources relative to the topic at hand and after evaluating these sources, put forward a subjective view.

RE-EVALUATION OF FOREIGN WORKERS' PLACEMENT AND REPATRIATION FACTORS

Malaysia has witnessed an influx of foreign workers (FWs), mainly due to its rapidly expanding economy. However, Malaysian labour migration policies have remained a short-term solution to fill instant labour shortages since they were introduced. The current policy has weaknesses due to not successfully controlling FWs at all phases, including the placement and repatriation stages. The focus of policies on public safety-rather than on labour administration and long-term sustainable development-has left room for abuse of and restrictions on FWs by employers and agents. This study aimed to identify crucial factors related to FWs’ placement and repatriation phases, and focused on SDG 08 due to the connection between detected factors and sustainability via decent work. It adopted a sequential exploratory mixed methods design, characterised by qualitative (in-depth interviews) and quantitative (face-to-face survey) data collection and analysis, respectively. The results highlighted the need to re-evaluate certain placement and repatriation factors for faultless placement and impeccable return of FWs. The findings of this study will help in redesigning FWs’ placement and repatriation policies. Moreover, the results will also assist in reducing illegal/irregular FWs as well as mistreating of FWs inside Malaysia, and ensuring FWs’ contribution to Malaysian society and the economy.

Exclusion or Inclusion: National Differential Regulations of Migrant Workers’ Employment, Social Protection, and Migrations Policies on Im/Mobilities in East Asia-Examples of South Korea and Taiwan

Low fertility rates and an aging society, growing long-term care needs, and workforce shortages in professional, industrial, and care sectors are emerging issues in South Korea and Taiwan. Both governments have pursued economic/industrial growth as productive welfare capitalism and enacted preferred selective migration policies to recruit white-collar migrant workers (MWs) as mobile elites, but they have also adopted regulations and limitations on blue-collar MWs through unfree labor relations, precarious employment, and temporary legal status to provide supplemental labor. In order to demonstrate how multiple policy regulations from a national level affect MWs' precarity of labor in their receiving countries, which in turn affect MWs' im/mobilities, this article presents the growing trends of transnational MWs, regardless of them being high- or low-skilled MWs, and it evaluates four dimensions of labor migration policies-MWs' working and employment conditions, social protection, union rights and political participation, and access to permanent residency in both countries. We found that the rights and working conditions of low-skilled MWs in Korea and Taiwan are improving slowly, but still lag behind those of high-skilled MWs which also affects their public health and well-being. The significant difference identified here is that MWs in Taiwan can organize labor unions, which is strictly prohibited in Korea; pension protection also differs between the nations. Additionally, an application for permanent residency is easier for high-skilled migrant workers compared with low-skilled MWs and both the Korean and Taiwanese immigration policies differentiate the entry and resident status for low-skilled and professional MWs from dissimilar class backgrounds. Policy recommendations for both countries are also discussed.

“The Points System is Dead. Long Live the Points System!” Why Immigration Policymakers in the UK Are Never Quite Happy with Their Points Systems#

The UK’s ‘Australian-style’ points-based system (PBS), introduced in 2021, has been promoted by politicians as a strategy to ‘take back control’ of migration after leaving the European Union. However, the 2021 PBS is just the most recent of several initiatives since 2002 to introduce points into the UK’s labor migration policy. Points tests in various forms have been repeatedly introduced, modified, and removed in the UK’s immigration system. This paper examines what accounts for the enduring appeal and repeated reinvention of this policy tool. We argue that the main factor driving interest in points-based systems is not what they achieve in practice, but their symbolic value. Points systems have allowed policymakers to signal that labor migration policy is objective, rational, meritocratic and efficient. These objectives appear to outweigh the substantive policy benefits of points-based systems as mechanisms for accumulating human capital or offering flexibility in eligibility criteria.

Labour migration policy post‐Brexit: The contested meaning of regulation by old and new actors

AbstractThe end of free movement of labour from the European Union represents an unprecedented form of re‐regulation of the UK labour market. This study explores how old and new actors engage with the sphere of migration, arguing that not only their economic interests but also different political agendas and meanings of regulation shape dialogue on migration regulation post‐Brexit. Our findings suggest moving away from a unilateral, positive view of regulation in work and employment as well as to overcome any artificial distinction between the economic and the social implications of international migration.

Review of Literature Related to Labour Migration: Types, Causes, and Impacts

Purpose: Economies of migration have always been an important topic of research. Migration of labour has, undoubtedly, some impact on employment, labour market, rural development, social welfare, labour management, migrant networks etc. A good understanding of the labour force is imperative for framing appropriate labour market policies and inclusive economic growth policies. Analysing the extent, and trend of labour migration policies as they influence upon labour market and economic development of a country. Design/Methodology/Approach: Descriptive Research was used in this study, which is focused on secondary data sources. Secondary data is gathered through books, newspapers, journals, articles, and government websites. Findings: Migration has always been an important factor in population expansion and economic development, according to a thorough examination of the literature. People have moved across national and international borders in search of better lifestyles. Originality/Value: This paper considers the issues and impacts of labour migration on national development. It presents the trends, patterns and causes and impact of labour migration at the international, national and state levels of Kerala as discussed in the literature. Paper type: Review of Literature.

Did Labor Migration Policy Reform or Perform? A Tale of Circular Migration in India During COVID-19

There were many policies that the Government of India framed to help migrant workers during the pandemic period with work, food, travel, and shelter needs that arose by virtue of their informal nature of work. These policies and schemes included Free Food Grains, MGNREGA, shelter homes, and shramik trains to help the migrant workers tide over joblessness and hunger. The authors are intrigued by the decision of the migrant workers to return to cities of work destination even in light of the poorly performing and reforming policies that intended facilitation but remained dissevering. Witnessing an increase in the trend of returnee migrant workers, we are motivated to understand the decisions made by these workers to return and re-join, or recreate previous or new work with an unanticipated change in factors that led to their decision to leave (circular migration). Our interviews with a sample of 30 returnee migrant workers helped us enlist the push and the pull factors that led to the decisions to return to work cities amidst their experience of supportless governance systems. The study exposes us to the informal migrant workers’ core vulnerabilities and the governance ecosystem's insensitivities that grossly overlook citizens' plight due to their bias towards denizens.

Keeping up with the migrant workers: The role of embassies in transnational administration of labor migration policy

Public administration as a field has struggled with truly understanding international migration as a phenomenon. This article argues that the concept of transnational administration can be used to better analyze how administrative states are able to reach and support their migrant workers in other countries. It develops the exceptional case of a national skills certification program implemented by the Philippines as an example of a state-led transnational administration. They have done so by using the administrative structures already in place through their embassies and consulates while also entering into partnerships with non-state actors in the destination countries. Embassies and consular offices act as an important focal point in the multi-scalar activities of the state by engaging in collaborative partnerships with both state and non-state actors. The extension of administrative structures beyond the borders is motivated not only to provide consular and welfare services but also to control a hypermobile population.

Paper chains: tied visas, migration policies, and legal coercion.

‘Tied visa’ regimes are labour migration policies that condition migrants’ visas on employment with a particular employer, thus restricting their access to the labour market. This article considers how, under such regimes, control by the state shapes control by employers, and investigates the resemblance between official migration control policies and private means of control and coercion, amounting to forced labour and trafficking. The discussion includes the theoretical analysis and empirical consideration of a case study: the Israeli tied visa regime, regulating migrant workers and Palestinian workers. The consideration of two groups of non‐citizen workers, subject to different but related regimes, enables a novel analysis of the coercive impact of common labour migration policies, and of the justifications offered for such policies. The Israeli Supreme Court demonstrated some commitment to constitutional principles protecting non‐citizens, but later withdrew from these principles and justified tied visas on the grounds that they serve the perceived public interest.

The Efficiencies and Inequities of Australia's Temporary Labour Migration Regime

AbstractThis article examines the benefits and costs of Australia's labour migration policies. While previous economics studies have demonstrated the efficiency‐related benefits of these policies, this article analyses the consequences for worker voice and equity, which employment relations scholars have identified as important labour market policy goals. We argue that the efficiency‐related benefits of labour migration policy reforms, particularly the expansion of temporary visa schemes, have been generated in part by barriers to temporary migrant workers' access to representation and social rights. This situation has contributed to an increase in the underpayment and mistreatment of temporary migrant workers by employers.

Temporary labour migration in South Asia: Nepal and its fragmented labour migration sector

ABSTRACT Temporary transnational migration of Nepali migrant workers has resulted in remittances now accounting for over 27 per cent of the country’s GDP. This article analyzes the domestic labour migration policy sector of Nepal using primary data to visualise the migration policy network through Social Network Analysis and explores the dynamics between the dominant actors involved in the regulation of the temporary labour migration regime. It finds a fragmented migration sector in Nepal where government agencies were not seen as leaders in the field but instead perceived to be heavily influenced by the private sector during the policy-making process, bringing their regulatory role into question. In such a situation, civil society organisations could have played a critical role as a watchdog and strong advocate for migrant workers but several factions and conflicts were apparent within them, resulting in low trust and high competition for funds. The article shows that different actors from the labour migration regime have a role in vigilantly watching for any abuse of power to ensure that the policy and regulatory environment is not influenced by certain actors to their benefit and to the detriment of temporary labour migrant workers.

Regulation of EU Labour Migration: At a Crossroads after the New Pact on Migration and Asylum?

The 2020 New Pact on Migration and Asylum could have been the perfect opportunity for the Commission to address and overcome the crisis in the field of a common EU labour migration policy by getting it back on track. But nothing was further from the truth. The attention which the Commission devotes to the subject of EU labour migration in the New Pact is disappointing. It even seems as though the Commission is abdicating its responsibility and leaving it up to the Member States to make national policy in this area. EU labour migration policy has always been a battle ground between the EU and the Member States. It has led to a highly fragmented EU policy that is proving to be ineffective and is generating resistance rather than contributing to a common policy. This article describes and analyses the EU labour migration policy as it has been shaped since 2000, framing it in a post-crisis dilemma. After the failure of an ambitious proposal for a common comprehensive approach to the admission and residence conditions of third country national workers in general, the Commission opted for a sectoral approach, which so far has led to the establishment of four labour migration Directives, namely for highly skilled workers, seasonal workers, intra-corporate transferees and a single permit for residence and work procedure. Due to the 2015 refugee crisis, the Commission has mainly focused on asylum-related issues during the last few years. With regard to EU labour migration regulation, barely any new initiative has been taken. The only EU institutional player which seriously challenges the addressing of the post-crisis situation in this area is the European Parliament. Are we at a crossroads regarding the regulation of EU labour migration?

Legislative issues regarding public policy documents in the management of labor migration. The case of the Republic of Moldova

The present research is conducted in a field that is at the crossroads of the disciplines of labor law, migration, and administrative law. The article will reflect some of the aspects of labor migration policies and policy documents with which the author interacts in his current activity, but especially as a result of the ex-post evaluation of the Migration and Asylum Strategy (2011 - 2020) as a National Consultant for the International Organization for Migration. As we will argue, the impact and role of policies and policy documents in the field of labor migration is little researched both nationally and internationally, however as we will mention in this article the role of the policy framework is significant for the field of labor migration. Also regarding the issue of protection of migrants’ rights, policy documents intervene in detail on aspects that are not regulated or are insufficiently covered by the current legal framework.

Does flexible migration policy spur competitiveness in the labor market? A case of migrants in the Russian Federation

With the influx of labor migrants across the globe and developed countries being on the receiving end, countries like the Russian Federation have implemented strict migration policies to check the inflow of these migrants, mainly from low-income countries. However, with theoretical underpin the increase in labor migrants brings about competitiveness in the receiving countries labor market. The current study evaluates whether the Russian labor migration policy promotes competitiveness given the characteristics of labor migrants in Russia. The study carried out panel data analysis for 14 countries within Russian region and an aggregated data from the rest of the world using the non-stationary heterogeneous panel model and estimators of mean group and pooled mean group. The result first presents strong cointegration between wage levels and labor supply (immigrant, emigrants, and native workforce). The result then reveals a negative effect of immigrants inflow and native workforce on wage levels in the short run but a positive effect, in the long run, suggesting that the labor migrants inflow is imperfectly substitutable in the Russian labor market. The result also shows a positive effect of migration policy on wages both in the short and long run, indicating that the strict migration policy can hinder the competitiveness of the labor force in the labor market.

Labor Migration and Climate Change Adaptation

Social scientific evidence suggests that labor migration can increase resilience to climate change. For that reason, some have recently advocated using labor migration policy as a tool for climate adaptation. This paper engages with the normative question of whether, and under what conditions, states may permissibly use labor migration policy as a tool for climate adaptation. I argue that states may use labor migration policy as a tool for climate adaptation and may even have a duty to do so, subject to two moral constraints. First, states must also provide acceptable alternative options for adaptation so that the vulnerable are not forced to sacrifice their morally important interests in being able to remain where they are. Second, states may not impose restrictive terms on labor migrants to make accepting greater numbers less costly for themselves because doing so unfairly shifts the costs of adaptation onto the most vulnerable.

Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN

The International Convention on The Protection of The Rights of All Migrant Workers and Members of Their Families (ICMW) is the only Human Rights Convention that distinguishes between normal and irregular migrants in great detail. An analysis of the situation in Malaysia, based on feedback from relevant stakeholders, shows that there are insurmountable obstacles to ratification in relation to the ambiguous policy status for migrant workers, which is based on ad hoc policies. Malaysian legislation appears to be straightforward in its approach to labour migration policies, as it defines and categorises migrants into two distinct ‘categories': registered migrant (regular migrant) and undocumented migrant (irregular migrant), regardless of ability level. This article demonstrates that, despite the barriers and incompatibilities with national laws, the Convention, which is primarily a human rights instrument aimed at protecting the fundamental rights of all migrants, could assist Malaysia in ensuring a holistic and sustainable migration management that takes into account the needs of a whole approach and support from all parties involved, including but not limited to the Malaysian government. Part I of the article will go through the history of the convention's adoption, followed by Part II on the state of Malaysia's migration laws and policies, Part III on the compatibility and incompatibility of Malaysian laws with the ICMW and the position in ASEAN, and Part IV on recommendations.