- The press has cited a figure of seven million domestic labor migrants. What data does the Ministry of Labor have on this issue, and what can generally be said about the current situation in this area?
- I will not reveal anything new if I note that the objective conditions for Ukrainian citizens to seek work abroad are created by economic problems, low motivation for legal employment, and a significant level of unemployment. In addition to the insufficient supply of labor, an inadequate assessment of the workforce is also a very significant factor in labor migration. Today, work in Ukraine is paid rather modestly - the average salary in the country barely exceeds $100, and the minimum wage is $40. The modern labor market of Ukraine consists of 29 million citizens of working age, of whom 2.1 million are unemployed. 3-4 million of our compatriots work outside Ukraine. This figure is an estimate - it is calculated on the basis of statistical and administrative data on the size and economic activity of the population, data from Ukrainian consular institutions and business entities that act as intermediaries for employment abroad.
The channels of labor migration are, firstly, the independent search for a job (primarily in countries with which Ukraine has no visa regime). Secondly, the use of travel agencies, through which Ukrainians legally enter the country as tourists and, after illegally staying there, engage in labor activity. Thirdly, the use of services of business entities that mediate employment abroad, when the provision of such services is carried out within the framework of foreign economic contracts between foreign employers and intermediaries from countries interested in using the labor of our citizens.
- What proportion of the total number of our guest workers are legal migrants, and in which countries can they most often be found?
- Unfortunately, only 1-2% of the total number of those working outside Ukraine are employed through structures that operate as intermediaries within the law. However, an upward trend is noticeable. In particular, in 2000 almost 20,000 people used the services of these structures, in 2001 - 36,000, in 2002 - 40,000, in 2003 - 38,161 people. This trend, on the one hand, indicates that the situation on the labor market continues to remain tense (the unemployment rate is 9.1%), and on the other hand, it speaks of the growing trust of our population in the activities of structures that facilitate the legalization of external labor migration. The registration of citizens who used the services of licensees in finding work is carried out in accordance with the so-called form 1-TM of the state statistical reporting.
As for individual states, last year, for example, only about 5% of legal migrants worked in the CIS countries, while the bulk worked mainly in Western Europe. First of all, in Greece (40%), Cyprus (up to 15%) and Great Britain (up to 10%). By age categories, migrants are the most able-bodied part of Ukraine's labor potential: 60% are aged 20 to 40; more than 90% are men. Up to 80% of our labor migrants are oriented toward repeated work trips, which can last from several months to several years.
- What documents make it possible to calmly go to a foreign workplace?
- I would emphasize that Ukrainian citizens who have found employment through intermediary structures are the only category of labor migrants in the country that has the opportunity to legally obtain work outside our state. The mechanisms for providing intermediary services include a foreign economic contract between a foreign employer and a Ukrainian intermediary, and an employment contract (signed in Ukraine) between the foreign employer and the Ukrainian worker. The employment contract specifies the place of work, the amount of wages, working conditions, insurance issues, the obligations and rights of the hired worker and the employer, and force majeure circumstances. In addition, for Ukrainian citizens who are provided with intermediary services for employment, for example, on ships flying foreign flags, an integral part of the personal employment contract is an agreement between the foreign employer and a certain trade union organization of Ukraine (which represents the interests of the seafarer), which stipulates standard terms of employment.
- Can state bodies in any way influence the level of migration, and how great is the real degree of protection for those who have chosen the legal path?
- In accordance with the Law of Ukraine 'On Employment of the Population' (Article 10), the interests of Ukrainian citizens temporarily working abroad are protected by interstate and intergovernmental agreements concluded by Ukraine with other states. Currently, agreements on mutual employment of citizens have been formalized with the governments of Poland, Lithuania, Russia, Moldova, Belarus, Latvia, Slovakia, Armenia, and Vietnam. In 2003, an agreement between Ukraine and Portugal on the temporary migration of Ukrainians for work in that country was signed and has already been ratified by the Verkhovna Rada. The effect of these agreements, naturally, extends to citizens who are present and working in the countries of employment exclusively on legal grounds.
The agreements stipulate, firstly, that the procedure for attracting workers, qualification, age and other requirements are established by the country of employment, based on the legislation in force on its territory. Secondly, each of the parties recognizes, without legalization, diplomas, certificates of education, and corresponding documents on the conferment of titles, grades, and qualifications. These documents must be translated into the official language of the country of employment and certified in accordance with the procedure established by legislation. Thirdly, the parties mutually recognize length of service, including length of service on preferential grounds and by specialty. Fourthly, the labor activity of an employee is formalized by an employment contract concluded by the employer. Fifthly, employees are subject to social insurance and social security (except pension provision). Their medical care is provided at the employer's expense. Sixthly, the entry and exit of workers are carried out in accordance with the legislation in force in the territory of the country of employment.
- Honestly speaking, the list of countries is not very impressive. Will it be expanded?
- Of course. At present, the Ministry of Labor is developing draft international agreements on mutual employment of citizens with Azerbaijan, Argentina, Greece, Georgia, Israel, Iran, Ireland, Spain, Italy, Kazakhstan, Cyprus, Congo, Romania, Tunisia, Hungary, Finland, and the Czech Republic. We also remember that after the collapse of the USSR, a significant number of Ukrainian citizens continue to work in CIS countries. To regulate related issues, the Agreement on Cooperation in the Field of Labor Migration and Social Protection of Migrant Workers has been in force since 1994. Ukraine acceded to this agreement in 1995. Its effect extends to those persons who work abroad exclusively on legal grounds. In particular, in Russia, permits for attracting foreign labor have been introduced into practice (they are issued to employers by the Federal Migration Service of the Russian Federation), functioning within the framework of the Agreement on Cooperation in the Field of Labor Migration of CIS member states.
In addition, on March 2, the permanent representative of Ukraine to the Council of Europe, Anatoly Shevchuk, signed on behalf of Ukraine the European Convention on the Legal Status of Migrant Workers of November 24, 1977. The document concerns the main aspects of the legal protection of migrant workers, in particular during their obtaining permission to stay in the relevant country, hiring and dismissal, and passing professional examinations. In addition, the convention regulates the issue of social and medical assistance for the specified category of workers, ensuring proper working conditions, and serves as a basis for the legal formalization of family reunification processes, as well as money transfers. To date, 13 European states are parties to this convention. Eight countries ratified the document - France, Italy, the Netherlands, Norway, Portugal, Spain, Sweden, and Turkey. For Ukraine, the European Convention on the Legal Status of Migrant Workers enters into force after its ratification by the Verkhovna Rada.
- How effective is the Ministry of Labor's control over firms engaged in foreign employment? After all, your ministry issues licenses to them?
- Yes, by the resolution of the Cabinet of Ministers of Ukraine of November 14, 2000 “On Approval of the List of Licensing Bodies”, the Ministry of Labor and Social Policy is designated as the licensing body in the sphere of mediation in employment abroad. The Ministry of Labor carries out regulatory functions at two stages. First, at the stage of issuing licenses. For obtaining them, by the resolution of the Cabinet of Ministers of July 4, 2001, a list of documents submitted by legal entities along with an application for a license for a certain type of economic activity was approved. Second, at the stage of controlling the activities of licensees, when such regulatory instruments are used as scheduled and unscheduled inspections, issuance of orders by the Ministry of Labor to eliminate remarks made during the inspection and, possibly, revocation of the license.
I would like to draw your attention to the fact that the documents of a foreign partner, necessary for obtaining permission to carry out economic activity in mediation in employment abroad, must be certified in accordance with the legislation of the country of their issuance and legalized in Ukrainian institutions. Not long ago, on January 10, 2002, the Verkhovna Rada adopted law number 2933-III, in accordance with which Ukraine acceded to the 1961 convention. The latter abolishes the requirement of legalization of foreign official documents in relations with states that have not raised objections to Ukraine's accession to the convention. For Ukraine, such countries are Germany and Belgium. This convention acquired force for us on December 22, 2003. In accordance with it, the only formal requirement in preparing the documents of a foreign partner is the affixing of an apostille by the competent authority of the corresponding state.
- Can it be considered that the presence of a state license is a state guarantee of the firm's reliability?
- Let's put it this way: a guarantee of its controllability by the state and the possibility of effective influence on it in case of its dishonesty. Checking the availability of a license should be the first and mandatory step for a citizen when applying to an intermediary. The validity period of such a license is three years. The Ministry of Labor has a Commission on Licensing of Intermediary Services in Employment Abroad and Granting Foreigners Permits to Work in Ukraine. The Commission issues and cancels licenses in case of violation of licensing conditions by licensees. Twice a year, schedules of inspections of compliance by business entities with licensing conditions are reviewed and approved. By the way, the Ministry of Labor has its own page on the Internet, where all decisions made regarding the activities of licensees are posted.
- How often are violations detected?
- As of February 16, 2004, in Ukraine, 409 business entities have a license for economic activity in intermediary services for employment abroad. In 2003 and in two months of the current year, the Commission of the Ministry of Labor canceled 70 licenses. In accordance with the inspection schedules approved by the Commission on Licensing, over nine months of 2003, 455 inspections of business entities were conducted, during which more than 500 various violations of labor legislation were detected. A significant part of the inspections was carried out jointly with law enforcement agencies. The most typical violations detected during inspections are non-compliance by business entities with licensing conditions for intermediary services in employment abroad and failure to inform the licensing authority about changes in data contained in documents submitted for license issuance.
In order to improve the mechanism of influence on the activities of licensing entities, the Ministry of Labor has developed a draft law 'On the specifics of licensing and conducting economic activities for intermediary services in employment abroad'. It defines the legal, economic, organizational foundations of the work of business entities in intermediary services for employment abroad, strengthens state control over this type of entrepreneurship and increases the responsibility of entities for violating legislation in this area.
So citizens of Ukraine can choose what is closer to them: confidence in their own legal protection and receiving timely assistance if necessary, or playing 'Russian roulette' with dubious employers.