Irregular Migrant Work in Austria A Delphi Study Approach Presentation at the conference „International Migration and Illegal/Irregular Working Activities of Migrants in the Czech Republic and Central Europe“, Prague, 10.10.2005 Presentation by: MIGIWE Austria Team Christina Hollomey, Michael Jandl, Veronika Bilger, Sandra Gendera and Anna Stepien Outline 1. The MIGIWE project & definitions 2. The Delphi method- description 3. Results - General points 4. Results - Specific sectors 5. Results - Policy Conclusions 6. Q & A Prague Conference, 9 October 2006 2 1. MIGIWE – Migration and Irregular Work in Europe Research project carried out by ICMPD, Vienna Financed by Austrian Science Foundation FWF Duration: Feb. 2005 – Feb. 2007 Collaboration with CZ and H - Literature research Expert interviews Delphi survey Migrant interviews Prague Conference, 9 October 2006 3 1.1. Definition of IMW IMW comprises all paid work of foreigners (nonnationals), that conflicts with one of the existing national laws and regulations, that regulate access to the labour market, duties for employers (and employees), working conditions, and workers’ rights. Prague Conference, 9 October 2006 4 1.2. Many Forms of Irregularity 1. „Illegal“ work (against foreign employment and residence laws) 2. Non- registration at social insurance institutions 3. Non- registration at tax institutions 4. Insufficient registration of employment contract 5. “Pseudo- self-employed“ 6. “Pseudo- companies“ 7. … 8. … 9. … 10.… Prague Conference, 9 October 2006 5 2. The Delphi Method … is a multi-stage qualitative survey method that enables an anonymous communication process, allowing feedback, within a group of experts to assess ... - ... Complex social and economic phenomena - … Future developments - … Policy measures Prague Conference, 9 October 2006 6 2.1. Delphi Implementation: Multi-stage 2 ½ Delphi rounds: expert interviews, Delphi 1 & 2 - Experts from various fields and 3 regions - 1st Questionnaires by e-mail - Feedback (anonymous) - 2nd Questionnaires by e-mail Prague Conference, 9 October 2006 7 2.2. Delphi Implementation Panel of Experts The results reflect the kind of experts chosen! Institutional Background of Experts Delphi I Delphi II 12 8 Non-Governmental 8 5 Social Partnership Interest Groups 7 3 Research (Migration/Labour Market) 10 6 TOTAL 37 22 Total Questionnaires sent out 60 37 Governmental Prague Conference, 9 October 2006 8 3.1. Factors that influence IMW 89 73 64 60 46 46 41 ent sin ess Cy cle Bu We alth 27 Lev el o f act ors gra ph ic F n 38 De mo Lib e ra lisa tio lati on De reg u n Fle xib ilis atio 32 em plo ym 50 57 54 Un 67 n 100 90 80 70 60 50 40 30 20 10 0 G lo bal isa tio % agreeing Evaluation of various factors that favour Irregular Migrant Work in Austria (% of Experts agreeing in Delphi I und II) Delphi I Prague Conference, 9 October 2006 Delphi II 9 3.2. Evaluation of Motives for Employers to engage IMWs 1. Saving social security and tax contributions 2. Lower wage rates 3. … 4. … 5. … - NOT: administrative obstacles for regular hiring Prague Conference, 9 October 2006 10 3.3. Access to IWM 1. Most important Social networks (families, friends, previous employment contacts, ethnic communities) 2. Important in some sectors Professional agencies (labour brokers, membership associations, sub-contractors) 3. Less important Individual strategies (street labour markets, door-todoor search, newspaper ads) Prague Conference, 9 October 2006 11 3.4. Quantitative Estimations - Continuous increases since 1990 seen, more since 2004 - Highest share of IWM seen in construction, tourism/catering and agriculture; high estimations for private households (care/cleaning) Prague Conference, 9 October 2006 12 3.5. Future Scenarios 1. IMW will continue to grow End of transitional arrangements with EU-8 New round of enlargements (Rum,Blg,..) 2. Stronger segmentation of labour market -according to qualifications - according to ethnic background 3. Substitution effects EU-8 workers will shift to the regular labour market New EU nationals (Rum, Blg.,..) will replace them as irregular workers Prague Conference, 9 October 2006 13 4. Sector-specific characteristics of IMW Construction Domestic Services- Care and Cleaning Agriculture Tourism/ Catering Industry Prague Conference, 9 October 2006 14 4.1. The Construction Sector 4.1.1. Quantitative Estimates % Estimated Proportion of IMW in the Construction Sector 35 30 25 20 15 10 5 0 30 15 10 Minim um Prague Conference, 9 October 2006 Average Maxim um 15 4.1.2. Motives of employers Competition - Sub companies Saving of costs - Social insurance contributions Violation of worker’s rights Prague Conference, 9 October 2006 16 4.1.3. Forms of irregularity Pseudo-self-employment Pseudo-companies Working without residence or working permit Non-registration at social insurance institutions Violation of employment rights Violation of trade regulations Prague Conference, 9 October 2006 17 4.1.4. Social characteristics Highly diversified occupational profile Gender Balance Male Countries of Origin PL Ex- Yug. Tr, SK,H, RO Prague Conference, 9 October 2006 Level of Qualification Occupational Profile EU 8: middle EU-8: Other Foreigners: low Other Foreigners: unskilled unskilled and skilled 18 4.1.5. Political Framework Narrowing legal regulations „Sozialbetrugsgesetz“- Laws against organised social contributions fraud Criminalization of pseudo-companies Prague Conference, 9 October 2006 19 4.2. The Domestic Sector – Care Work 4.2.1. Quantitative Estimates Estim ated Num ber of Irregularly Working Carers in Private Households 60.000 50.000 50.000 40.000 29.000 30.000 15.000 20.000 10.000 - Minim um Prague Conference, 9 October 2006 Average Maxim um 20 4.2.2. Motives of employers Saving of costs Non- availability of affordable regular care services Lack of legal possibilities Prague Conference, 9 October 2006 21 4.2.3. Forms of Irregularity Non- Registration - Working without working (and/or residence) permit - Non- registration at social insurance institutions - Non- Registration at tax institutions Organisation in agencies Prague Conference, 9 October 2006 22 4.2.4. Social Characteristics High level of qualification and occupation Gender Balance Female Countries of Origin SK CZ PL H Prague Conference, 9 October 2006 Level of Qualification Occupational Profile EU 8: middle and EU-8: skilled and high unskilled Other Foreigners: low and middle Other Foreigners: unskilled and skilled 23 4.2.5. Political Framework Right on privacy protection Debate on „Pflegenotstand“ (Lack of affordable care services) - Temporary order for non-sanctioning - Debate on regularization Prague Conference, 9 October 2006 24 5. Policy Conclusions Feasibility Desirability Prague Conference, 9 October 2006 25 5.1. Feasible AND Desirable Access to the labour market Feasibility and legal regulations Desirability YES NO Highly demanded professions Feasibility YES NO YES Desirability YES People with long-term residence Feasibility permit status YES Combination of residence and employment status (esp. Asylum seekers) YES Desirability YES Prague Conference, 9 October 2006 Feasibility Desirability YES 26 5.1. Feasible AND Desirable Support, Incentives, Feasibility YES NO Sanctions Desirability YES NO Support of irregularly working migrants (consultancy services, labour unions, legalizations) Feasibility YES Desirability YES Facilitation of recognition of certifications Feasibility YES Desirability YES Restrictions for employers (Suspension from awarding of public contracts) Feasibility YES Desirability YES Prague Conference, 9 October 2006 27 5.2. Not Feasible AND Not Desirable Feasibility YES NO Desirability YES NO Termination of EU transitional periods Feasibility NO Desirability NO Reduction of minimum wages Feasibility NO Desirability NO Prague Conference, 9 October 2006 28 5.3. Feasible vs. Desirable Feasibility YES NO Desirability YES NO Liberalization of Labour Legislation Feasibility (low-wage jobs) Desirability YES NO YES Reinforcement of controls by modern technologies (e.g.: biometric data) Feasibility Sanctions/ penalties against irregularly employed migrants Feasibility Desirability NO Skimming off of irregularly generated profits of employers Feasibility NO EU- wide framework (harmonization of legal framework, increased cooperation) Feasibility Prague Conference, 9 October 2006 Desirability Desirability Desirability NO YES YES YES 29 Questions Thank you for your attention! Christina Hollomey, Michael Jandl, Veronika Bilger, Sandra Gendera and Anna Stepien Presentation by: MIGIWE Austria Team
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