Trade Unions

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Trade Unions Migrant WorkersPolish Perspective

• Robert Szewczyk, NSZZ Solidarnosc
• Pamplona, 20-21 Dec 04

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main topics

• migration a global debate
• Poland as a host country then and now
• Poles migrating abroad then and now
• trade unions and migration - need to tackle the
  problem

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migration - a global challenge (1)

• two main directions east?west and south?north
  EU absorbing/attracting migrants from both
  directions
• source countries economic development often
  depends on migrants remittances
• destination countries depend on low-skilled
  migrant worforce supporting their aging and
  high-skilled society
• still, the low-skilled migrants do not fill the
  needs of host-country labour markets

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migration - a global challenge (2)

• some governments deliberately do nothing about
  illegal low-skilled migration, as it might put
  entire sectors off-balance
• mass brain-drain of high-skilled specialists
  from underdeveloped coutries to G-7 countries
• three-way approach high-skilled migrants with
  all rights, low-skilled with no rights and
  high-skilled but low-valued
• migrants most typical jobs DDD - demanding,
  dangerous, dirty - nationals wont take them

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migration - a global challenge (3)

• lack of sufficient data about illegal migration
  and its economic, social and legal consequences
• criminal background of migration (trafficking,
  smuggling, transit countries policy, ghettos)
• lack of effective internal programes for
  integrating migrants and their families into the
  new life
• bilateral, multirateral agreements on migration -
  a way of controlling the problem?

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migration - a global debate - a
global headache

• how to put an end to mass illegal migration
• how to stop criminalisation of the group
• how to tackle internal problems of host countries
• how to protect the migrants from abuses and
  discrimination
• how to help CEE countries in safeguarding the
  EU-enforced migration policy
• answer...? long-term sustainable development of
  poor regions - a slogan on the lips of
  international officials

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Poland before 1989 - act on foreigners
from 1963

• arrival and stay of a foreigner were closely
  watched
• general lack of legal regulations for foreigners
• refugees - definition based on political criteria

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Poland 89 - the borders opened

• a breakthrough for the entire CEE region -
  limitations in travelling from and to Poland
  lifted, Poland becomes both emigration and
  immigration country
• new problems - refugees, asylum seekers, transit
  migrants
• labour market for foreigners - executives,
  specialists, teachers

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1989 - 1998 - adaptation

• ratification of international documents on
  migrants and refugees
• adapting national law
• appointing institutions responsible for migration
  policy of the state
• new act on foreigners in 1997

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a foreigner in Poland

• 4 kinds of visa
• regular/touristic (up to 6 months stay)
• work permit visa
• transit visa
• repatriate visa
• BUT in order to be allowed to work one must have
  a fixed term residence permit, and in order to
  get this permit one must present a declaration he
  would be employed... vicious circle leaving room
  for burocratic tricks

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getting a job in Poland

• a foreigner working in Poland has equal rights as
  any other worker in Poland
• work permit is issued by the labour office (local
  labour market situation is a point of reference
  here) for a specific employer, in specific
  company and specific position - thus a foreigner
  may not look for job on his own
• a vacancy may be taken by a foreigner only if
  there is no Polish candidate for it
• having received the work permit a foreigner must
  then obtain a permit for residence for fixed time
• the entire procedure means that a foreigner may
  try it only from outside of Poland

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to sum up...

• application for work from abroad only
• local labour market always taken into
  consideration
• work permit ? residence permit relation
• since 1992 number of work permits 12 thousand a
  year
• most of foreigners are employed in Warsaw or
  other big industrialised cities with foreign
  companies
• most of foreign workers come from Europe
  (Ukraine, Belarus, Germmany, UK, Russia) but also
  from Vietnam, China, USA - generally post-Soviet
  countries citizens receive 40 of work permits
• workers from the EU and USA are ususally highly
  skilled specialists employed on executive
  positions in MNCs, workers from post-Soviet
  countries are usually blue collar workers

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informal sector - illegal workers

• about 100 thousand - 1 million employed in the
  grey zone (depending on the source)
• mosty temp jobs, seasonal and short term jobs
• construction, farming, gastronomy, house keeping
• mostly post-Soviet citizens, but also citizens
  from former East Germany
• reasons stiff regulations, soft acceptance of
  Polish society

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migrating from Poland - a history

• 1981 - 89 - about 250 thousand Poles left the
  coutry for good (GE, US, IT, FR, CA, UK), mostly
  due to political/economic reasons
• after 1989 - many returned and re-entered labour
  market or opened their own business
• since 1990 - constant decrease of number of Poles
  leaving the coutry for good

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post-accession migration -
threats in old EU-15

• very controversial issue of opening labour
  markets for workers from new EU countries
• transition periods enforced, mostly due to
  German, Austrian and French fears
• significant disproportion in incomes of citizens
  from EU-15 and EU-10
• possible ? competition on local/national labour
  markets, possible social dumping
• possible ? unemployment as an effect of increased
  migration

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post-accession migration -
position of new EU-10

• pendulum migration - frequent return to homeland
  - only Germany really threatened of increased
  pressure on the labour market
• many Poles declare their will to migrate - but
  few really do migrate
• a question of a basic freedom in EU, not a real
  threat of mass inflow of workers from CEE
• OK, the workers stay in the new countries, but
  the companies from EU-15 are free to come to EU-10

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to sum up...

• The right to work in the entire EU is a very
  important factor for Poles, though they tend not
  to migrate
• only 10 of Poles (1998) declared their strong
  will to migrate
• question of equal treatment - Poles do not want
  to be 2nd category citizens of the EU
• if they migrate, its short term migration
  allowing getting new experience, knowledge and
  capital for setting up business in the homeland
• only Germany might really be threatened by
  increased migration from CEE accession countries

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trade unions and migrants (1)

• urgent need to acquire migrants for trade union
  movement both as members and activists
• counteracting social dumping and deterioration of
  local working conditions
• combatting any forms of discrimination, yet no
  tolerance for pathologies and doubtful cultural
  values
• integration of migrants into local working
  environment and working culture and customs

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trade unions and migrants (2)

• ETUC says - stop brain-draining, extend working
  age and retrain your own specialists - is it
  possible?
• birth gap construction of labour patterns -
  long working hours, changing ways of life cause
  real demographic threat for physical survival of
  nations - thus need for migration - trade unions
  have a huge role here to play
• strong international co-operation of trade unions
  in assisting legal migrant workers required - we
  cant afford loosing our migrating members