Position of migrant workers on the Belgian labour market under scrutiny

The situation of foreign nationals on the labour market has received attention from both the Belgian government and the social partners during 1998. Foreign workers are often confronted with different forms of overt or implicit racism and with structural obstacles such as their educational background, as well as other problems that weaken their position on the labour market. This feature takes a closer look at the position of migrant workers in Belgium and at the initiatives taken to improve it.

During 1997, the International Year against Racism, the International Labour Organisation researched the position of foreign nationals working on the labour market in a number of countries. The results for Belgium were maybe not untypical of the situation in many countries, but nevertheless remain sobering. About 40% of foreign workers in Belgium were found to be confronted with different forms of racism during the recruitment process. However, several factors, and not only overt racism, contribute to the difficult position of migrant workers on the Belgian labour market.

(Un)employment and racism

According to recent figures released by the National Commission on Ethnic and Cultural Minorities, there are significant differences in unemployment between workers with Belgian nationality and workers who are foreign nationals, and the situation of workers coming from the Maghreb countries of Northern Africa could be labelled alarming. Male unemployment for Maghreb and Turkish workers is 32.2% compared with only 6.2% for Belgian men. In addition, the number of unemployed foreign workers has been increasing since 1989, according to recent research by the "Resource Centre for Employment, Labour and Training" of the Catholic University of Louvain. Over and above these differences in unemployment, foreign workers do not tend to participate in initiatives taken to improve their employability, such as training programmes organised by the national services for unemployed people.

These variations can be explained by a number of factors:

• the lack of language skills (especially among older workers);

• lower educational and skill levels; and

• the lack of the same type of social networks to support them in their search for work.

However, these factors apply to certain categories of Belgian workers as well, who do not suffer the same extreme levels of unemployment. This points in the direction of a factor which is harder to measure, but equally "real": racism. The Federal Services for Scientific, Cultural and Technical Affairs and the Centre for Equal Opportunities and the Fight against Racism came to the conclusion in 1997 research on this matter that racism is indeed a factor during each stage of the recruitment process. First impressions, the assessment of qualifications, personal contact and the final decision to recruit: each stage showed a significantly better position for Belgian workers under ceteris paribus conditions.

Professor Martens of the Catholic University of Louvain, an eminent specialist in issues relating to foreign nationals on the labour market, has calculated that although non-EU migrants represent 2.2% of the Belgian population, they represent only 0.93% of the employed. According to his figures, there exists an "employment gap" of about 30,500 jobs for this group. He attributes this difference to a number of factors, which because of their combination and their persistence over time, start to form almost structural barriers against a fair chance on the labour market for foreign workers.

In addition to racism, variations in education and in social networks, other factors also come into play. An important development is that the industries which traditionally employed high numbers of migrant workers are employing increasingly fewer people. Examples include the mining industries, textiles and the automobile sector. Restructuring, factory closures and further automation have cut employment opportunities in those sectors drastically.

Government employment: a bad example

Although the Belgian federal government states its support for policies to improve the labour market position of foreign nationals, this has no apparent effect on its own recruitment practices. The government still employs the nationality principle for employment in its own administrations. Of the more than 58,000 federal employees, only nine are from outside the EU. Belgium has been condemned by the European Court of Justice for this situation, but there does not seem to be a strong chance of a rapid change in governmental recruitment procedures.

The situation in Flanders is only marginally better. Of the more than 33,000 employees in the Flemish public administration, only 141, or a mere 0.4%, are foreign workers. This low figure is all the more striking if it is contrasted with official discourse about it being the role of government to provide "an example" in this area.

Social partners on migrant workers

The situation in the private sector is not significantly better. Although various initiatives have been taken, declarations signed and promises made, the situation of the migrant worker has not significantly improved. The October 1995 Joint declaration on the prevention of racial discrimination and xenophobia and promotion of equal treatment at the workplace (TN9706201S), in which the European-level social partners promised to provide equal opportunities for migrant workers, has had little or no impact on the reality of the labour market. As soon as employers have to start implementing individually what they have promised collectively, it appears that things start to go wrong.

The unions have taken a more active position in this debate, and have their own activities for their members who are migrant workers. However, there appears to be little will to make this issue into a real point of contention in industrial relations. Even the completion of the unions' own checklists (by union representatives) on the situation of migrant workers at the company level is rarely carried out. However, despite this rather negative picture, several initiatives have been taken to improve the situation:

• national collective agreement No. 38 of July 1998 stipulates that employers are now obliged to treat all applicants equally. Different procedures or forms of treatment based on race, colour, ethnic origin or national origin are now officially forbidden. This means that there are instruments to fight transgressions. These include monitoring by the labour inspectorate, involvement of the works council and labour court procedures;

• following a number of recent incidents involving immigrants, there has been increased attention focused on their often atrocious social and economic conditions. In November 1998, employers repeated their promise to undertake action to improve the position of migrant workers on the labour market by fighting discrimination during the recruitment process; and

• on the Flemish Economic and Social Negotiation Committee, the Flemish social partners have decided to take action to improve the position of migrant workers. This includes, for example, an analysis of the openings for migrant workers in administrative jobs in the service sector. It remains a problem, however, that nobody on the side of the employers reportedly seems willing to make a commitment relating to specific figures, targets or goals.

Time for more drastic action?

Given the recent history of migrant workers on the Belgian labour market, one might be very sceptical concerning the chances of success for the incremental, mostly voluntary steps proposed by the social partners. A more radical and drastic approach might be necessary. For inspiration, some people in Belgium have looked towards the Netherlands. The Dutch law of October 1994 on equal labour market participation by foreign workers subjects all employers (public and private) to a set of rules, goals and action plans to improve the situation. Although one can scarcely claim that this law has solved all the problems of foreigners on the Dutch labour market, it has contributed significantly to an improvement of the position and has forced employers to tackle the problem, willingly or not.

Commentary

Whether the Belgian, Flemish, Walloon or Brussels governments are ready for such a drastic and head-on approach as that taken in the Netherlands is very questionable. Migrants, for the moment, seem to be doomed to live with vague promises, unclear objectives and racism on the labour market. In the meantime, sociologists and activists have warned that the lack of a stable employment position is undermining social cohesion for a group of immigrants that is often already struggling with the definition of its position in the Belgian "welfare" state. More forceful action may well yet be needed. (Hans Bruyninckx, Steunpunt WAV)