The access of immigrants to the employment market in Spain: obstacles

1
The access of immigrants to the employment market
in Spain obstacles

• Dra. Francina Esteve
• Gironas University (Spain)

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The economic situation

• (1996-2000) economic growth 4,1
• (2000-2003) economic growth 2,3
• Unemployment rate 1996 (14,07)
• 2000 (9,55 )
• 2003 (11,2 )
• Actual employment contracts. Monthly (9
  permanent and 91 temporary). Total (67
  permanent and 33 temporary)

3
Total population 42.000.000 inhabitants (2,6
foreigners) Increase in the number of foreign
residents. December 1996 538.984 regular
residents December 2003 1.647.011 regular
residents (24,40 more than 2002).
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Foreigns with permission by CCAA (30 de juny
2002) http//www.mir.es/oris/index/htm
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Characteristics of immigration in Spain

• The recent incorporation of foreigners in the job
  market (between 20 and 45 years)
• Market concentration in certain cities and areas
  (Barcelone, Madrid, the Mediterranean area, the
  Canary Islands and the Balearic Islands)
• Large number of workers without permits
  (irregular situation)

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Specific characteristics of the Spanish model of
immigration

• Frequent legislative changes 1985, 2000 and 2003
  (4 legislative modifications in 4 years).
• Legal insecurity
• Different reactions depending on the national
  employment situation.

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The legal framework of immigration policies
LOE 4/2000, 11 january, modified by LOE 8/2000
de 22 december. 2003 modifications by LOE
11/2003 and LOE 14/2003 The present model was
designed in 2000. All later modifications have
been more restrictive.
Great incoherency of LOE 7/1985
Obligations by the EU The Tampere compromise
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Work permit

• General procedure (sometimes theoretical)
• Annual Contingent (contract procedure in the
  country of origin)
• The contingent establishes the number,
  characteristics and procedure for the employment
  offer (province by province) and includes an
  indication of the different sectors and
  professional activities.

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Contingent

• Contingent for 2002 offers 32.078 jobs
• Contingent for 2003 offers 24.337 jobs ( 9910)
• Contingent for 2004 offers 30.978 jobs ( 21000)

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Bilateral agreements with

• 2001 Colombia, Ecuador, Morocco and Dominican
  Republic.
• 2002 Rumania, Polonia
• 2003 Bulgaria

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Contingent 2003. Selection procedure in the
country of origin

• Employers participation trough associations or
  directly (minimum 5 workers) in the procedure
  selection.
• Importance of the bilateral agreements for
  distribution of the sub-quotas.
• Admision of nominal offers
• Residence and work permits (visa) given by the
  competent authority in each foreign country after
  the selection process.

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Restrictions related to the work permit

• The first work permit is temporary maximum 1
  year- and renewal is for 2 2. The permanent
  permit is normaly given after 5 years of legal
  residence in Spain.
• The first work permit allows the holder to work
  specific economic sectors (the immigrant can
  change to a different company but cannot change
  the area of economic activity).

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Recognition of qualifications

• Exclusive competence of the Ministry of
  Education.
• Before 2004 a too lowly procedure
• New regulation RD 285/2004
• Homologación Equivalence principle with
  possible demands of complementary education or
  practice.
• Convalidación corresponds to universities

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• The economic activities included in the
  contingent are mainly non qualified activities
  in sectors like construction, transport, hotels,
  cleaning, industry, etc..
• Importance of linguistic ability in certain
  economic activities.
• Increased racist reactions against the
  Arab/Muslim population (danger of getting worse
  after 11- M).
• The resources for integration are not sufficient.
• There is a need of better planification and
  coordination between administrations.

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Increase in the number of foreign residents.
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Balance 2002. Delegación del Gobierno para la
extranjería y la inmigración. Ministerio del
Interior.
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The origin of foreign residents
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• The problem of irregular immigration (statistics
  suggests arround 800.000 workers without
  permits).
• Centralisation of competences in the central
  gouvernement (flow of migrants, number and
  selection proces, control of immigration). (MAE,
  MT, MI)
• Lack of resources for the integration of
  immigrants but a constant increase of resources
  (plan GRECO).

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LOE 7/85

• First Immigration Law
• Many deficiencies
• Based on the principle of discrimination between
  the rights of Spanish people and the rights of
  foreign people (all kinds of rights).
• No rights of family reunification
• Temporary work permits

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LOE 4/2000

• More generous and openminded regulation
  (recognition of the non discrimination principle
  in fundamental and social rights)
• High level of consensus between political groups
  (except Partido Popular PP-)
• No time to be put into practice
• March 2000, the PP won the elections with an
  absolute majority and introduced radical
  modifications of LOE 4/2000 trough LOE 8/2000.

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Modification LOE 8/2000 and Regulation of 20
july 2001.

• More restrictive but better than LOE 7/1985
• Recognises some fundamental rights of all persons
  (regular or irregular)
• Denies some fundamental rights to foreigners in
  an irregular situation (right of assembly, right
  of demonstration, trade union membership, acces
  to court..)
• Opens the door to a rapid expulsion process
• Closes the door to the regularisation of
  foreigners with an irregular status (without
  papers).

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Steps for the annual contingent and his
implementation

• Analysis of the job market needs (by provinces)
  and economic sectors and activities.
• Distribution of the contingent by a province
  level.
• Selection and contracting procedure of foreigers
  workers in the country of origin (which Spain has
  concluded bilateral agreements).

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Barriers
Legal insecurity, great administrative discretion
, too many bureaucratic obstacles. The national
preference has alsow been an Important
restriction.

• A restrictive vision of the market needs (Labor
  Ministry) has been always adopted after
  consultation of the CCAA and Provinces
  representatives and the companies and workers
  representatives.

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Reasons of the failure of contingent 2002

• Administratifs obstacles (inefficient process)
• Exclusion of nominative offers
• Few instruments of preselection of the work
  offers in foreign countries (participation of
  entreprises associations)
• Lowly management and contradictions
• A lot of reclamations and critics.

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Selection procedure

• Right of enterprises to participate in the
  selection procedure
• Admission of nominative offers
• Importance of the bilateral agreements
• The visa and the work contract has de value of a
  work permit