The quota of immigrant workers for 2002

Download article in original language : Es0112244fES.DOC

In November 2001, in accordance with the recent controversial Law on Foreign Persons, the Spanish government proposed the quota of non-EU immigrants for 2002. The quota and its composition failed to please the social partners, and seems unlikely to solve the problems of mass immigration.

In accordance with regulations implementing the controversial 2001 Law on Foreign Persons (Ley de Extranjería -ES0012224N) the government may establish an annual quota for non-EU immigrants after consulting the social partners. In 2000 and 2001, no quota was established because 'extraordinary processes' were in effect for the legalisation of the position of immigrants, which affected a total of 320,000 such people. There are still 220,000 applications for legalisation that have not been dealt with and hundreds of immigrants are entering the country illegally every day. The real situation is therefore so serious that critics argue that the annual quota is of little use in regulating the flow of immigrants, and serves merely political purposes.

In late November 2001, the Government Delegate for Immigration proposed that the immigration quota for 2002 should be 32,100, a proposal taken up and submitted to the government by the Higher Council for Migratory Policy (Consejo Superior de Política Migratoria). This proposal seems to be aimed at establishing the principle that the new law has organised the process of immigration, but the presence of many thousands of illegal immigrants and the deteriorating economic situation may frustrate this aim.

Position of the social partners

In the last few months of 2001, as laid down in the regulations implementing the Law on Foreign Persons, employers' organisations have submitted their requests to employ immigrants for 2002 to the provincial offices of the National Institute of Employment (Instituto Nacional de Empleo, INEM), and the figure comes to a total of 90,000 persons. Many observers see in these applications — most of which were made by regional employers' organisations — a strategy for increasing demand in order to reduce the cost of labour. Employers' organisations have recently published studies indicating that hundreds of thousands of immigrant workers are needed to maintain the productive capacity of Spain. This viewpoint is arguably in contradiction with the high unemployment in Spain (between 1.5 and 2 million people), the low employment rate (55%) in relation to the EU average (63.3%), and the low participation rate, particularly among women. Critics argue that if Spanish nationals do not fill certain jobs it is not because there is an insufficient population, but because the pay and other conditions are unattractive.

The provincial executive boards of INEM weeded out from the employers' applications all jobs that were insufficiently justified, leaving only 30,000. However, the figure is still too high in the opinion of some experts, due to the current uncertainty of the economic situation.

The trade unions have criticised the quota put forward by the Higher Council for Migratory Policy as being too high and confused. They claim that the economic situation may begin to threaten many jobs that are now occupied by immigrants. The Ministry of the Economy has stated that the lower economic growth forecast for 2002 will mean that 100,000 fewer jobs will be created than was forecast. Since September 2001, unemployment has been gradually rising. The prospects for 2002 do not seem optimistic. Furthermore, one must bear in mind the many thousands of immigrants who are awaiting legalisation and currently form part of the labour market, albeit illegally. Therefore, the unions propose that there should be no quota for 2002. They also state that only the 10,905 jobs defined in the quota as being stable are certain, because it is too soon to know the number of temporary workers that will be needed.

Another factor is pressure from countries that in 2000 signed immigration agreements with the Spanish government - Morocco, Romania, Colombia and Ecuador (ES0102134F). These countries wish to show their citizens that these agreements are effective and are the solution to the problem. However, inside Spain there is considerable pressure from associations of immigrants and immigrant support organisations, which cannot accept that there should be incentives to immigration when there are already thousands of illegal immigrants, many of them working illegally.

'Contradictions' of the law

The contradictions of the new Law on Foreign Persons are just beginning to appear, according to some observers . The government states that the annual quota must be filled by the regular channels - ie from abroad - and that most immigrants must come from countries with which Spain has an agreement. Thus, all immigrants who come into Spain outside these channels are illegal and will be expelled. The problem is that the country of origin of many illegal immigrants, particularly those from central Africa who are brought in by organised crime, is not known because they have no papers. The number of these 'non-expatriatable' immigrants is rising, and they are a real problem that needs solving.

Employers cannot find Spanish staff in certain sectors for the wages they are prepared, or are able, to pay. It is therefore, it is claimed, convenient for them to have a large supply of labour, because this forces wages down and makes it difficult to control other conditions, such as the housing offered to seasonal agricultural workers. The trade unions are in a difficult situation. Their 'traditional' members oppose the reduction in wages caused by the supply of immigrant workers, but the existence of thousands of illegal immigrants arouses their solidarity. Therefore, they are in favour of lower quotas.

Commentary

As the number of immigrants increases, it becomes more obvious that a simple law in a single country will not solve the problem. One must act on several fronts. Severe legal measures must be applied to foreign and national organised crime. However, the law and collective agreements on pay and working conditions must also be strictly observed. The trade unions are tired of reporting exploitation by employers, only to find that the penalties are small or non-existent. The penalties must be sufficiently harsh to dissuade employers from breaking the law.

The trade unions should also be given more support to monitor the conditions in which immigrants work, in particular in sectors with little union representation. These measures and those mentioned above would improve pay and conditions in many jobs and reduce the attraction of Spain for immigrants, because more Spanish nationals would be prepared to accept certain jobs.

Nevertheless, one of the main reasons for immigration is that the conditions in many countries of origin are very poor. Therefore, immigration into the EU will not be stopped unless the Union contributes to the development of those countries. Meanwhile, the immigration flows must be organised. Agreements with the countries concerned are a step in the right direction. However, it would be better if the immigrants came to Spain with an employment contract, whether temporary or permanent. This would help to spread the conviction that it is better and cheaper (if possible free) to immigrate in this way than through organised crime. (Fausto Miguélez, QUIT-UAB).