In this regard, it should be noted that illegal employment abroad is an offense punishable by law and entails administrative liability with subsequent deportation from the country and a ban on entry for a certain period. Obtaining tourist visas implies a tourist nature of the trip, not leaving abroad for the purpose of subsequent employment. Foreigners who have not obtained a work permit in the manner prescribed by the legislation of the host country are considered illegal migrants.
AUSTRIA
The issues of labor activity of foreigners, social protection of migrant workers, and conditions of their work are regulated by a special legislative act – the Law 'On Employment of Foreigners' (1975). An employer has the right, unless otherwise provided by this law, to hire a foreigner who has been issued a work permit or an assignment letter, or who has a valid work permit or a residence permit for free employment for this type of activity.
After obtaining a work permit and getting a job, the difference in legal status between Austrian citizens and foreigners is almost unnoticeable. However, the country's legislation provides for some exceptions that give advantages to Austrian citizens over foreign workers.
As of October 2000, 289 Ukrainian citizens received work permits in Austria.
GREAT BRITAIN
The procedure for employment and working conditions of foreigners in Great Britain are regulated by the Immigration Act (1999), the Employment Act (1996), and other legislative acts.
The possibility of employing foreigners in the United Kingdom is primarily conditioned by the absence or insignificant number of British citizens who could work in a particular position. Therefore, one of the main criteria for employing a foreigner in Great Britain is his high qualification and long work experience in the specialty.
Employment can only be carried out after obtaining a permit from the foreign employment service. Foreigners who have obtained a permit, according to the Employment Act, enjoy the same rights to protect their interests in the labor sphere as citizens of Great Britain and EU member states. A foreigner has the right to apply for protection of his interests in court or the Labor Disputes Tribunal. In addition, according to the law on social insurance contributions and payments, foreigners are subject to compulsory social insurance. In case of temporary disability, he is paid the amounts established by law from the relevant funds. Contributions to such funds are made by the employer.
Foreigners working legally in Great Britain have normal working and living conditions, as well as sufficiently broad rights to protect their interests.
According to the Embassy of Ukraine in Great Britain, received from the foreign employment service, as of today, 640 Ukrainian citizens have received work permits in Great Britain.
ITALY
In Italy, a necessary prerequisite for legal employment is obtaining a work permit before entering the country. To obtain such a permit, as a rule, confirmation from the Italian employment service, the availability of insurance coverage, and relevant documents from the Italian employer are required. A residence permit is a necessary condition for access to the Italian labor market. A tourist residence permit (maximum validity of 3 months) does not grant the right to work.
Foreigners who have not obtained a work permit in the manner prescribed by Italian law are considered illegal migrants.
The Italian Immigration Law (No. 40/1998) does not apply to citizens of the European Union, except in cases where its provisions are not more favorable to them.
SPAIN
Employment issues in Spain are regulated by the Law 'On the Rights and Freedoms of Foreigners in Spain and Their Social Integration' (2000). The Spanish government is currently considering the possibility of somewhat limiting the fairly liberal provisions of this law regarding the rights and freedoms of foreigners in Spain.
Ukrainian citizens who work legally in Spain enjoy practically all the rights that local citizens have; their working conditions are quite acceptable.
According to the Ukrainian embassy, last year about 600 Ukrainians worked in Spain; another about 25 thousand Ukrainian citizens were in Spain for employment purposes.
NETHERLANDS
The legal status of foreigners in the Netherlands, including labor migrants, is determined by the country's constitution, the Law 'On Employment of Foreigners' (Wet Arbeit Vreemdeligen), the Law 'On the Status of Foreigners', and other regulatory documents of a departmental nature.
According to the Law 'On the Status of Foreigners', the temporary stay of foreigners from all countries, except citizens of EU member states, does not imply the possibility of employment. Obtaining a work permit for foreigners who are citizens of non-EU countries automatically implies the granting of a residence permit in the Netherlands. The Law 'On Employment of Foreigners' requires the employer to document the absence in this case of the necessary labor force from the Netherlands (or from EU member states), or the professional value of the foreigner for performing the relevant work.
In the case where foreigners intend to engage in independent business activities, a work permit is not required.
The total number of Ukrainian citizens working in the country is not constant. There is also a certain number of Ukrainian citizens who temporarily stay in the Netherlands for up to 3-4 months (mostly illegally) to perform seasonal work. As a rule, when their visa expires, they apply to the Ukrainian diplomatic mission with a request to issue certificates for return to Ukraine, citing the loss of passports for travel abroad.
The Constitution of the Netherlands (Art. 1) stipulates that 'all persons in the Netherlands are equal under equal conditions. Discrimination on the grounds of religion, belief, political opinion, race, sex, or on any other political grounds is prohibited.' Thus, the equality of rights of all foreigners in the Netherlands is recognized. The level of protection of the rights of foreigners and other categories of persons is quite high and corresponds to generally accepted European standards. There are no cases of violations of these rights with respect to citizens of Ukraine. However, it should be noted that there are exceptions provided for by international bilateral and multilateral acts concerning the rights of certain categories of foreigners (free movement of labor within the borders of the EU, relevant bilateral agreements with the United States, Great Britain, etc.).
The legislation of the Netherlands provides for insurance of foreigners from non-EU countries within the framework of bilateral interstate agreements on mutual insurance of persons.
According to the diplomatic mission of Ukraine in The Hague, 200 Ukrainian citizens working in the Netherlands under contracts are registered with the consulate.
PORTUGAL
At the beginning of this year, Portugal adopted a relevant resolution providing for the legalization (work visas up to 5 years or issuance of resident cards) of all illegal workers who already have work contracts.
Most Ukrainian citizens come to Portugal through Ukrainian travel agencies, holding three-month tourist visas. Another part of Ukrainian workers arrives in Portugal purposefully for pre-arranged jobs. This category of citizens (mostly skilled workers) is provided with wages, housing, and certain social protection. The vast majority of such workers work in factories, plants, and mills, having a work contract and gradually obtaining legal status.
According to unofficial data, there are currently 20-25 thousand Ukrainian workers in Portugal, of which a small number (musicians, athletes, teachers) are legally in the country, i.e., have a resident card or work visa.
Portuguese trade unions and non-governmental organizations are involved in the protection of labor migrants in Portugal. The General Labor Inspectorate allows concluding work contracts with labor migrants, which provide for the regulation of working hours, holidays, social insurance, etc.
GERMANY
In the Federal Republic of Germany, employment issues are regulated by the Law on the Promotion of Employment and Vocational Education and the Regulation on the Procedure for Issuing Work Permits to Persons without German Citizenship for Paid Employment.
Entrepreneurs have the right to hire foreigners if they have a permit from the labor authority. A work permit is issued in cases where the foreigner has a residence permit.
Foreigners who permanently reside or have their usual place of residence abroad but wish to work in Germany are granted a work permit for no more than 3 months.
FINLAND
In Finland, the employment of foreigners is regulated by the provisions of the Aliens Act (22.02.91/378). A foreigner who intends to start paid work in Finland must have a work permit. The work permit should be applied for before arriving in the country. Work permits are issued for at least one year unless there are grounds for issuing them for a shorter period.
Obtaining a work permit falls under the competence of the Ministry of Labor. The procedure for obtaining a work permit requires coordination with the authorities for foreign affairs, the tax authorities, local authorities, and law enforcement agencies.
A foreigner who has obtained a residence and work permit in Finland receives a personal number and his/her data is automatically entered into the population register database of Finland. All state institutions and organizations that are directly related to the stay and work of a foreigner in the country have access to the population register: the Ministry of Internal Affairs, the Ministry of Labor, the Office for Foreigners, the Tax Administration, and others.
All foreigners who have obtained a residence and work permit in the country are subject to compulsory social insurance and have the same rights as Finnish citizens. Finland belongs to countries with a fairly high level of social and legal protection for this category of persons.
The above-mentioned basic provisions of the law do not apply to certain categories of foreigners, in particular, to citizens of EU and EEA countries.
According to the Ministry of Labor and the Office for Foreigners of Finland, 916 Ukrainian citizens (including minors, pensioners, and the unemployed) have a residence permit with the right to work.
To be continued.
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