Controversy over regulation of illegal immigration and employment

Download article in original language : GR9707121NEL.DOC

A decision taken by the Greek Council of Ministers on 27 June 1997 is threatening to derail efforts to regulate illegal immigration and the employment of aliens originating from non-EU countries, and is being reconsidered.

On 27 June 1997, the Council of Ministers of the Greek Government decided that the two Presidential Decrees (PDs) "on the regulation of illegal immigration and employment" (GR9703108N) will not apply to foreign workers originating from Albania, Bulgaria, the former Yugoslav republic of Macedonia and Turkey.

According to the Government, the decision was made to prevent mass immigration from Albania into Greece, even though Albanian immigrants already constitute the majority of foreign workers in Greece, as the political situation in Albania remains critical. The logic behind the Government's decision is that since Albanians will not now have the right to claim legal status in Greece, they will be less motivated to come as they will have to work without social protection and employment rights and face summary deportation.

The trade unions reacted firmly against the decision, and the committee that prepared the two PDs on the regulation of immigration publicly expressed its disappointment. The Greek General Confederation of Labour (GSEE) addressed a letter to the Prime Minister expressing its opposition to the decision and demanding its withdrawal. The letter stated that:

• the decision creates a bad impression of the Government and the prestige of the country, since the initial text of the PDs was known to the immigrants and the Governments of the countries concerned;

• the decision will raise a series of legal problems since the law does not authorise the exclusion of certain categories of immigrants;

• following the decision, it is only one in six or seven of the total number of immigrants who are entitled to claim legal status. However, it is believed that their registration is not encouraged since the remainder, originating from Albania, Bulgaria, Macedonia and Turkey, have a comparative advantage because they will continue to offer cheap labour and reinforce the phenomenon of "informal" or "submerged" employment; and

• the decision is unconstitutional because it contravenes the general principle of equality established in the Constitution and a number of special regulations and international provisions which prohibit discrimination against foreign workers.

The letter furthermore stresses that the decision of the Council of Ministers has completely ignored the latest unanimous statement from the Economic and Social Committee (OKE) according to which only foreign sailors working in ships under the Greek flag should be excluded from regulation. So far, the Federation of Greek Industries (SEV) has not reacted to the decision, as it is still awaiting further developments.

On 21 July 1997, under pressure from the trade unions and public opinion, the Government stated that the decision will be reconsidered in the framework of its general policy on immigration. According to officials, it is probable that the Government will introduce major conditions for the provision of a work permit for those originating from Albania, Bulgaria, Macedonia and Turkey in order to prevent massive waves of immigration. Another crucial factor in the withdrawal of the decision in question is the fact that the unions consider legalisation of the position of foreign workers as a condition for the continuation of the social dialogue (GR9704112N), based on the argument of "equal pay and social security for work of equal value".