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JEL classification F22, J61
O. Chernyak, Professor, Doctor, Y. Chernyak, post-graduate student, Taras Shevchenko National University of Kyiv
SOME APPROACHES TO GOVERNMENTAL REGULATION OF LABOR FORCE MIGRATION IN UKRAINE
Посилення міжнародних міграційних процесів є однією за найпомітніших рис глобалізації та інтернаціоналізації світового господарства. Враховуючи значне збільшення кількості міжнародних мігрантів, особлива увага приділяється державному регулюванню міжнародної міграції. В останні роки державне регулювання міжнародної трудової міграції зазнало численних змін та вдосконалень. Майже в усіх провідних країнах обов'язковою є процедура отримання дозволів на роботу і проживання. Крім цього для іноземців створюються перешкоди в отриманні роботи, такі як надання переваги місцевим працівникам та працівникам з країн Є.С., необхідність підтвердження професійної кваліфікації при отриманні дозволу на роботу. В Україні також необхідно зробити певні корективи в державному регулюванні міжнародної трудової міграції, вдосконалити програми із заохочення місцевих підприємців до використання українських працівників та стимулювати діяльність вітчизняних науковців та інших носіїв НТП. Іншим завданням державної політики з регулювання міжнародної міграції є мінімізація негативних ефектів від імміграції для економіки країни. Одним з варіантів вирішення даної проблеми є впровадження сертифікату трудового мігранта.
Ключові слова: Міграція робочої сили, державне регулювання, безробіття, сертифікат трудового мігранта.
Усиление международных миграционных процессов является одною из наиболее заметных черт глобализации и интернационализации мирового хозяйства. Учитывая значительное увеличение количества международных мигрантов, особое внимание уделяется государственному регулированию международной миграции. В последние годы государственное регулирование международной трудовой миграции испытало многочисленные изменения и усовершенствования. Почти во всех ведущих странах обязательной есть процедура получения разрешения на работу и проживание. Кроме этого для иностранцев создаются препятствия в получении работы, такие как оказание предпочтения местным работникам и работникам из стран Е.С., необходимость подтверждения профессиональной квалификации при получении разрешения на роботу. В Украине также необходимо сделать определенные коррективы в государственном регулировании международной трудовой миграции, усовершенствовать программы поощрения местных предпринимателей к использованию украинских работников и стимулировать деятельность отечественных ученых и других носителей НТП. Другой задачей государственной политики по регулированию международной миграции является минимизация негативных эффектов от иммиграции для экономики страны. Одним из вариантов решения данной проблемы является внедрение сертификата трудового мигранта.
Ключевые слова: Миграция рабочей силы, государственное регулирование, безработица, сертификат трудового мигранта.
An intensification of the labor force migration is among the main features of globalization and internationalization. According to the great growth of total number of international migrants, governmental regulation of labor force migration became the one of the most important problems nowadays. In the last several years governmental regulation of labor force migration faced many changes and upgrades. In almost all leading countries the work and residence permits for foreign worker are indispensable. Also there are many barriers for foreigners in job achieving, such as giving preferences to local and into-EU workers, necessity to prove your qualification level for getting a work permit. In Ukraine it is also necessary to make some correctives in governmental regulation of labor force migration and to develop governmental programs inspiring national enterprises to use local workers and to stimulate the progress of national scientists and brainpower. Also the aim of governmental is a minimization of bad effects of immigration. The possible way of the salvation of this problem is an implementation of the migrant's certificate.
Keywords: Labor force migration, governmental regulation, unemployment, worker's certificate.
One of the most important features of globalization is an intensification of international labor force migration. The total number of international migrants has increased over the last 10 years from an estimated 150 million in 2000 to 214 million persons in 2010 [1]. If the migrant population continues to increase at the same pace as the last 20 years, the stock of international migrants worldwide by 2050 could be as high as 405 million [2]. Most countries in the world (and not just in the developing world) have a lack of capacity for effective management of the international mobility of persons today. Despite a temporary decrease during the last economic crisis, global migration will soon reach the pre-crisis levels. That is why the need for good management of international migration will be still actual.
The World Migration Report 2010 identifies six broad priority areas for intervention (labor mobility, irregular migration, migration and development, integration, environmental change, and migration governance) that are expected to undergo significant transformations in the coming years as the dimensions and dynamics of international migration change [2].
The participation of Ukraine in this process is getting more and more significant. The development of governmental regulations of labor force migration will give Ukraine
a chance to improve quality of the workforce, that come from abroad and to avoid quitting of scientists and experts, making them able to be employed in Ukraine. Also changes in migration policy will help to decrease an unemployment rate in a country. Besides, clever formed international policy in a sphere of labor force migration will positively influence an international image of Ukraine and becomes an important step to EU-membership for our country.
The processes of international labor force migration in Ukraine are poorly studied and the attention of scientists and government should be paid to them. In the same time there are worldwide-known models of regulation of international labor force migration ( M. Abella [3], P. Martin [4], K. Zimmermann [5,6], A. Zaiceva [7], D.G. Papademetriou [8], M. Fix [9], E. Collett , R. Munz [10], M. Kahanec [11], C. Dustmann, T. Frattini [12]).
The most part of major characteristics of labor force migration were studied and described by Ukrainian researchers E.Libanova, O. Poznyak [13], S. Pirozhkov [14], A. Gaidutskiy [15], O.Chernyak [16] but there are some important aspects like evaluation of influence of labor force flow on main economical figures, the implementation of foreign experience in governmental regulation of those processes, solving problems of regions, influenced by labor
© Chernyak O., Chernyak Y., 2012
force inflow and outflow, development of informational and statistical support system that must be taken into account.
An estimated 72.6 million migrants in 2010 lived in Europe and Central Asia - a figure 5.1 million higher than the migrant stock in 2005. One in three of all international migrants in the world live in Europe. Migrants represent 8.7 per cent of the total European population [1, 2].
The net amount of migrants increased across Europe in the period 2005-2010, compared to the previous decade. Instead of countries from other regions and subregions, Western and Central European countries have faced an increase in net immigration. The region's most affected countries are Cyprus, Luxemburg, Spain, Iceland and Ireland. Eastern European, Central Asian and new Member States of the EU have experienced a reduction in their net emigration, with the vast majority of them reporting a net migration rate between -1.5 and 0 per 1,000 population cent in 2000-2005. The "sending" countries also remained in this region. These are countries, such as Albania, Georgia, the Republic of Moldova, Lithuania and Tajikistan [1, 2].
The most important country of origin and the most popular country of destination in Europe is the Russian Federation. There are over 12 million people, that were born in the Russian Federation, now living abroad and approximately the same number of foreign-born living in the Russian Federation. As a country of destination, the Russian Federation is followed by Ukraine (5.9 million), the United Kingdom (4.2 million), Germany (4.1 million) and Kazakhstan (3.6 million) [1, 2].
Four of ten global remittance corridors have their origins in Europe. These corridors are: Russian Federation-Ukraine, Ukraine-the Russian Federation, Turkey-Germany and Kazakhstan-the Russian Federation [17].
Facing the global crisis, most European countries have seen a sharp increase in unemployment rates, setting governments to introduce measures to protect domestic labor markets. Combined, the measures have amounted to new immigration restrictions aimed at reducing the inflow of migrants and encouraging their return. A significant reduction in labor demand, reinforced measures against employers of irregular migrants, return programs, stricter enforcement of residence laws, enhanced border management and rising unemployment rates in EU Member States have done little to counter the increasing negative public opinion regarding migrants and migration in Europe.
80 per cent of the international migrants in the region are hosted by 3 main destination countries: the Russian Federation (12.3 million), Ukraine (5.3 million) and Kazakhstan (3 million) (see Fig.1) [1, 2].
The number of foreign migrants in Eastern Europe and Central Asia increased to 8.6 per cent, with almost no change since 2005 suggesting that the decrease in the total stock of international migrants took place within the context of population decline in these countries. The tenth part of population or even more are represented by migrants in such countries as Kazakhstan (19.5%), in Ukraine (11.6%), the Republic of Moldova (11.4%), Belarus (11.4%) and Armenia (10.5%) (see Fig.2) [1, 2].
Kazakhstan
Ukraine
Russian Federation
5.2 58 391 527
| 12.27 12.08 11.892
10
12
14
8
□ 2010 ■ 2005 □ 2000
Source: UNDESA [1], WMR [2].
Fig. 1. Stock of migrants (in thousands).
Armenia
Belarus
Moldova
Ukraine
Kazakhstan
10
15
20
25
0
5
Fig. 2. Stock of migrants in some countries of Eastern Europe and Central Asia as a percentage of the total population
Source: UNDESA [1], WMR [2].
Some of the most popular migration corridors worldwide have an Eastern Europe and Central Asia location, including the route between the Russian Federation and Ukraine and the Russian Federation and Kazakhstan, with migration flows in both directions, as well as migration flows from Belarus to the Russian Federation and from Uzbekistan to the Russian Federation [18].
The World Bank's estimation, which was done in 2009, showed the amount of USD 27.1 billion in remittances, received by the region (Eastern Europe and Central Asia). This figure presents a 14 per cent decline from 2008. The top five countries in the region, in terms of remittance inflows, are: the Russian Federation (USD 5.5 billion), Serbia (USD 5.4 billion), Ukraine (USD 4.5 billion), Bosnia and Herzegovina (USD 2.6 billion) and Tajikistan (USD 1.8 billion) [2]. They received over 70 per cent of the remittances sent to Eastern Europe and Central Asia [18]. The depreciation of the Russian rouble (the currency of the main destination country for migrants in the region) against the US dollar was one of the main reasons of such decrease in the remittance flow [19].
Most European countries are trying to reach new and to develop their old policies in labor force migration to cut the inflows of migrants. Some of them provide tougher conditions for admission under labor force migration programs or make some reduction in quotas (as is the case in the Czech Republic, Italy, Lithuania, Spain, the Russian Federation). Other countries make their market tests stricter (Estonia and the United Kingdom), decrease opportunities to change status and/or to renew work permits (Italy) [20, 21]. In December 2008, Italy set a cap of 150,000 for entries after receiving 700,000 applications the year before. However, the new 2010 decree on immigration flows and quotas has been registered by the Corte dei Conti (State Auditors' Department). This year, contrary to expectations, there will not be a quota for regular workers but only 80,000 seasonal workers (for tourism and agriculture), which also include 4,000 self-employed workers.
The increase in force return measures have been taken in France, Italy and Ukraine [21, 22]. The increasing number of returnees was several times reported by Ukraine, the
Republic of Moldova and Italy. On other hand, Latvia, Serbia and the former Yugoslav Republic of Macedonia reported declining numbers of returning migrants. Also sometimes it is not available to identify the type of migrant's return (forced or voluntary return) [2, 21].
Now we will consider will cover the main peculiarities of migration policies in the leading European states.
Sweden. All foreign workers in Sweden should have work permits; any staying in Sweden for more than three months are required to have residence permits as well (Sweden's Migration Board: www.migrationsverket.se). But, on other hand, Sweden also is on the way of liberalization. According to the new law the Swedish Public Employment Service can no longer block the employment of a foreigner based on the argument that there is an alternative match in Sweden, another EU or EEA (European Economic Area) country, or Switzerland for the position. It is also emphasized that all terms of employment comply with Swedish standards, as established by collective agreements, including salary and insurance protection. The list of foreigners, that have no necessity to achieve a work permit, was also extended. Now in will include certain high-skilled occupations, such as company representatives; visiting researchers or teachers in higher education (maximum duration of three months within a twelve-month period); performers, technicians, and other tour personnel; and specialists employed by a multinational corporation who will be working in Sweden for a total of less than one year [11].
France. France also issues the work permits to foreign workers. But to get the permit for foreigner, employer must prove that no worker in France or the EU is able to do the job. There are two types of work permits in France: temporary secondments and full work permits. Temporary secondments serve foreign companies posting their employees onsite with their clients in France. To receive this type of permit a foreign worker should earn a gross minimum of €3,835 per month. Full work permits are required for any company to employ non-EU or EEA workers in France. They have no time limits. The candidates should be generally with high-level work experience and a university degree. Also they must earn more than an equivalent French
worker, at least €3,835 per month. To obtain a permit as a self-employed foreigner, applicants must be able to demonstrate serious intent and the ability to generate revenue in the country [11].
Germany. The process of achieving the work permit for foreign worker in Germany is hard and complicated. The work permits are usually issued only in connection with a specific job position and only in cases when no German or other EU (or EEA) national is able to fill the position [6, 11,23, 24]. Also foreigners must obtain consent from the Federal Employment Agency to work in Germany, unless an exemption is granted by an international treaty. At first, work and residence permits are temporary. They can be transferred into unlimited ones only after a minimum stay of five years. If a migrant has a bad knowledge of language and culture he can also be required to attend special integration courses. Of course there were some steps toward more liberalized access for high-skilled, non-EU labour immigrants, scientists with special professional knowledge, high-ranking teachers and researchers, and specialists or senior executives with specific professional experience and a salary at least equal to the contribution ceiling of the pub-lic-pension insurance (€63,600 in 2009).
The United Kingdom. The immigration system was upgraded in 2008. The main was an implementation of a points-based system for immigrants from outside the EU, EEA, or Switzerland (UK Border Agency, "Working in the UK": www.ukba.homeoffice.gov.uk/workingintheuk). Ac-
cording to the new system, all the migrants are divided into 5 tiers. Tier one includes high-skilled immigrants, entrepreneurs, investors, and graduate students. Migration of the
Source: http://www.ukrstat.gov.ua/operativ/operativ2011/ds/mr/mr
Early mentioned figures are also mirrored in an unemployment rate statistics. The amount of unemployed in Ukraine in last 2 years increased on 500 thousands of people. The number of foreign labor force in the same period increased on 300 thousands of people. It is easy to surmise, that one of the main reasons of the job loss is an increased competition on a labor force market, caused by labor force inflow.
The main aim of development of the governmental policy in a sphere of labor force migration is to conquer mentioned failings of international migration. The government should make several steps to stimulate the usage of local labor force instead of cheap and unqualified foreigners by national enterprises. First step is to provide the "quality rate" of the foreigner to be employed. An example of such kind of measure is a worker's certificate of the labor migrant, that should include information about the level of professional skills, work experience, worker's professional achievements. Entrepreneur can't employ a foreign worker in a case of a lack of this certificate or without the information about worker's skills, needed to occupy the position, in it.
The second step is a governmental support of enterprises, that will act according to mentioned rules and will carefully regard the professionalism of employees. Such enterprises should receive subsidies or, for example, competitive advantages in governmental tenders.
The governmental regulation of labor force migration is an important part of country's image. An elaborated regulation of international migration and country's comparative closeness for unqualified workers are among the main rea-
qualified workers, who have job offers, belongs to tier two. Tier three is for less-skilled workers who fill temporary shortages in the labor market. Migration of students is covered by tier four. And the tier five was developed for regulating youth mobility and temporary workers. Applicants for immigration need to score a determined number of points to demonstrate they meet all the requirements of the particular tier. Each tier has an own specific grading system [11].
The above review was done to show that national and EU-level migration policies have trend of providing changes aimed to attract high-skilled immigrants. But, on other hand, these policies also involve a number of institutional and administrative barriers for non-EU and, sometimes, for intra-EU migrants. It is also important, that most of work permits have temporary nature. That means that the future of immigrants in a foreign country, even when they get a temporary permit, is not so clear. Also, a respect to any future right to citizenship in the host country is not guaranteed.
Now we consider the labor force migration in Ukraine. In 2010 the amount of labor force, that entered Ukraine was 30,8 thousands of people, in 2011 - 31,684 thousands of people (Table 1). Among top source countries are the Russian Federation, Belarus, Kazakhstan, Uzbekistan, Moldova, Azerbaijan, Georgia, Armenia, Tajikistan, the Kyrgyz Republic. Other statistic figures, which covers data about the labor force, that comes to our country illegally, informs, that the amount of foreign workers in Ukraine increased in the same period on 44 thousands of people. The most part of these workers are employed by enterprises with low financial funds. Usage of those kinds of workers helps entrepreneurs to cut costs on wages and salaries.
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sons of the "elite" image of such countries like USA and Great Britain.
Poor quality of regulation of the labor force migration results in a lack of high-class managers and specialists in different branches of activity. In that case "brain drain" happens. For Ukraine is typical, that specialists go to Canada, USA and Germany. The solution of that problem for Ukraine is to achieve investments in research centers and to provide governmental support of young scientists and giving grants to the gifted specialists.
The precondition of getting a certification for regular residing in Ukraine is a gaining of permission for immigration in Ukraine. Permission for immigration is a solution of central legal authority that is responsible for immigration and the subordinate authorities, which are giving the permission for immigration to foreigners and persons without citizenship. But this is not enough for regulation of international labor force migration in modern world. The worker's certificate for immigrants must be provided.
The worker's certificate should include two paragraphs. In a first paragraph of a certificate the detailed data about the worker should be presented. The data must content worker's age, sex, marital status, information (if it exists) about chronic diseases and the group of physical inability. That paragraph's data will give the possibility to identify migrant's working capacity and to decrease the risk of additional governmental social payments on those person's working capacity loss. Also, according to country's current unemployment rate, defining the ideal migrant's age is also very important. The most attractive group of workers for
Table 1. Labor force inflow in Ukraine
Year 2007 2008 2009 2010 2011
Labor force inflow in Ukraine, thousands of people 46,5 37,2 32,9 30,8 31,684
employer is a segment of migrants aged from 24 to 40 years old. These limits will give the opportunity to select workers with a high school education, which are far from the age of retirement. Some data should be checked by sending requests to the migrant's country of origin. That will give an opportunity to check a reliability of information about an absence of cases of law breaking and criminal prosecution by the migrant.
The second paragraph should include the data about migrant's school and high school education level. According to the trends of modern Ukrainian economy, the preference to technical specialists must be given. Also those specialists and the specialists in modern technologies provide an increase in a Ukrainian hi-tech potential.
Specific invitation should be the main pretext for giving permission for job in Ukraine. This invitation indicates that the migrant arrives for a concrete job that cannot be occupied by local worker, because of lack of qualification. In a case of the absence of invitation, the foreign worker should receive a temporary visa (for a month, for example). If the foreigner did not find the job, that is appropriate to his professional skills, until the visa expired, he should be deported from the country. The mentioned limits must allow stopping the uncontrolled inflow of low-qualified workers from Africa and Asia to Ukraine.
It should be mentioned, that the quantity of labor force with high education, that enter the country and its percentage in the total migrants inflow are the indices of country's development level. These migrants are bearers of technological progress and their knowledge will help to improve country's main economic indices
Conclusions. The main options of governmental demographical policy were analyzed in the work. Country's safety, improvement in economical growth and an increase in population's welfare should be among them. The national labor force market should also be defended by the government. The skills of workers on national market must be the main point of development programs.
Nowadays the list of main aspects, that are influencing international labor force migration, is formed and specified. It is a country's unemployment rate, country's international brand image, quality of workers and managers in a country. It is also important to mention and measure influence of migration capital on country's economy.
In the last several years governmental regulation of labor force migration in leading European countries faced a lot of upgrades, changes and innovations. The work and residence permits for foreign worker are indispensable in almost all of these countries. Foreigners face many troubles and barriers in job achieving, such as giving preferences to local and into-EU workers, necessity to prove your qualification level for getting a work permit. It is also important, that most of work permits have temporary nature. That means that the future of immigrants in a foreign country, even when they get a temporary permit, is not so clear.
The development of governmental regulations of labor force migration will give Ukraine a chance to improve quality of the workforce, that come from abroad and to avoid quitting of scientists, making them able to be employed in Ukraine. Also changes in migration policy will help to decrease an unemployment rate in a country. In Ukraine it is
also necessary to make some correctives in governmental regulation of labor force migration and to develop governmental programs inspiring national enterprises to use local workers and to stimulate the progress of national scientists and brainpower. Also the aim of governmental is a minimization of bad effects of immigration. The possible way of salvation of this problem is an implementation of the migrant's certificate.
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