ERIAS Master Class 2: Refugees and EU law - Refugee rights

EUROPEAN REFUGEES INTEGRATION ACTION SCHEME
Master Class 2: Refugees, EU Law and Refugees Rights.

Human Rights (Definition)
Human rights are ethical principles that set specific standards
of human behavior and are usually protected as legitimate rights
under National and International Law.
They are regarded as commonly perceived inalienable fundamental
rights to which every person is entitled from the moment of his birth,
simply because he is a human being.
These include civil and political rights such as:
• the right to life and freedom
• freedom of thought and expression
• as well as equality before the law.
Human rights also include :
 economic,
 social and cultural rights,
Such as
 the right to WORK,
 the right to health,
 the right to food,
 the right to housing
 medical care
 education and
 the right to participate in culture
Human rights are therefore considered
international, applied everywhere, and
preserve EQUALITY (the same applies to
all).

EU policy and Refugees
In order a refugee have rights in the EU needs to be an Asylum-seeker.
 An asylum seeker is a displaced person or refugee who has formally
sought the protection of the state they fled to as well as the right to
remain in this country and who is waiting for a decision on this formal
application.
 An asylum seeker may have applied for Convention refugee status or
for complementary forms of protection.
 Asylum is thus a category that includes different forms of protection.
Which form of protection is offered depends on the legal definition
that best describes the asylum seeker's reasons to flee. Once the
decision was made the asylum seeker receives either Convention
refugee status or a complementary form of protection and can stay in
the country—or is refused asylum, and then often has to leave.
 Only after the state, territory or the UNHCR—wherever the application
was made—recognizes the protection needs does the asylum seeker
officially receive refugee status. This carries certain rights and
obligations, according to the legislation of the receiving country.

After the Asylum seeker is accepted.
When asylum is granted, it means that the asylee will have the opportunity to live and work legally in the United
States and will eventually have the opportunity to apply for lawful permanent residence and citizenship.
After the acceptance of Asylum start to have rights in the EU and in the
Member State where they are.

Refugees Rights in the EU
Do you know your rights in the EU area? (exercise)

Economic
Education Housing
Housing
Social security and
assistance
Healthcare

Right of return
Right to not refoulement
Right to family reunification
Right to travel
Freedom of thought and
torture
 The Right of resettlement only if the
UNHR considered that is necessary.
Marriage and divorce

 In this part of the presentation, you can find a link where there is a
detailed description of the Rights
Link for EU Rights:
Handbook on European law relating to asylum, borders and
immigration (europa.eu)

 Below there is a video which explains the EU rights

Follow these links where you can find the whole procedure:
Who is an Internally Displaced Person? - YouTube
Who is a Refugee? - YouTube
Who is an Asylum Seeker? - YouTube
Where do Refugees go? - YouTube

Number of refugees compared to total population
Source: UNHCR

First time asylum applicants by continent of origin
Source: Eurostat

Reasons for first residence permits
Source: Eurostat
• Work 41%= 1.197.308
• Family 27%= 810.009
• Education 14%= 399.910
• Asylum 9%= 266.750 • Other 9%= 279.161

So, as you saw in the previous slide
the main reason that refugees want
to come to EU is the WORK, in order
to start from the beginning, having
better conditions.
It is very important to examine what
happens in the WORK sector, what
are refugees’ rights in order to have
access in the labor market.
Refugees in labor market

A refugee’s fundamental right to earn a living through work that has been freely chosen is protected in international human rights and
refugee law. The following section examines the right to work for refugees under international law, which may be used by advocates to
inform policymakers of their obligations under these treaties.
 Although the right to work is included in a number of international and regional instruments,
 the 1951 Refugee Convention and the International Covenant on Economic,
Social and Cultural Rights (ICESCR)21 offer the most comprehensive protection of work rights.
Member States are reminded that work is an international human right, available to refugees lawfully in and lawfully staying in an asylum
country, and not merely an entitlement that may be extended or withheld as a matter of policy or discretion.

Do you know your rights about your access in the labour market ? (excercise)

Refugees’ Rights in labor market
Article 12
Freedom of assembly and of association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in
political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the
protection of his or her interests.
Article 15
Freedom to choose an occupation and right to engage in work
1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.
2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right establishment and to
provide services in any Membert State.
3. Nationals of third countries who are authorised to work in the territories of the Member States are entitled to
working conditions equivalent to those of citizens of the Union.
Article 16
Freedom to conduct a business
The freedom to conduct a businees in accordance with Union law and national laws and practices is recognized

Article 28
Right of collective bargaining and action
Workes and employers, or their respective organiosations, have, in accordance with Union law and national laws and
practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of
interest, to take collective action to defend their interests, including strike action.
Article 29
Right of access to placement services
Everyone has the right of access to a free placement service.
Article 30
Protection in the event of unjustified dismissal
Every worker has the right to protection against unjustified dismissal, in accordance with Union law and national laws and
practices.

Article 31
Fair and just working conditions
1. Every worker has the right to working conditions which respect his or her health, safety and dignity.
2. Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual
period of paid leave.
Article 32
Prohibition of child labour and protection of young people at work
The employment of children is prohibited. The minimum age of admission to employment may not be lower than the
minimum scholl-leaving age, without prejudice to such rules as may be more favourable to young people and except for
limited derogations.
Young people admitted to work must have working conditions appropriate to their age and be protected against economic
exploitation and any work likely to harm their safety, health or physical, mental, moral or social development or to interfere
with their education.

 As you can see in the graphic the
percentage of Refugees Intagration
in EU’s Labor Market are big
enough .
Refugees’ percentage of integration in Labor Market

PART 2
Refugees, Greece Law and Rights

Refugee rights in Greece
Do you know your rights and duties in Greece ? (excercise)

Refugee rights and duties in Greece
 Once you have been granted international protection in Greece (as a refugee or as a beneficiary of subsidiary protection), you will be
given a residence permit valid either for three years if you have been recognised as a refugee or for one plus two years if you have
been recognised as a beneficiary of subsidiary protection. Your residence permit may be renewed. You will also have the right to apply
for travel documents.
 You will have access
• to the labour market,
• education,
• social welfare
• and medical care, under the same conditions and conditions as Greek citizens.
 If you have been granted refugee status, you can apply for family reunification under certain conditions. Beneficiaries of subsidiary
protection do not have this right.
The Ministry of Migration and Asylum provides detailed information on international protection in
Greece, https://migration.gov.gr/gas/diadikasia-asyloy/thetiki-apofasi/.

 If you are granted refugee status in Greece:
 You can apply for a travel document that allows you to visit other countries as a tourist. You cannot stay in another
European country for more than 90 calendar days within a period of six (6) months
(for more information go https://migration.gov.gr/gas/aitoyntes-kai-dikaioychoi/taxidiotika-eggrafa/).
 You can apply for a long-term residence permit if you complete 5 years of legal and permanent residence in the
country and meet all the additional conditions as provided for in the law.
 You will have access to a wide range of educational services, such as schools, universities and training programmes,
under the same conditions as Greek citizens.
 You will receive a residence permit, valid for three years, if you have been recognized as a refugee or one plus two
years if you have been recognized as a beneficiary of subsidiary protection
(for more information go here https://migration.gov.gr/gas/aitoyntes-kai-dikaioychoi/adeies-diamonis/)
The Asylum Service approves the issue of residence permits, which are printed by the Greek Police.
 You have the right to work as a freelancer or to open your own business, provided that you meet the additional
conditions laid down for the pursuit of each profession separately
(more information https://drive.google.com/file/d/1b81ti4ICC8ST4psb8QB6-p331GtskSmA/view ).

 You have the right to work as a freelancer or to open your own business, provided that you meet the additional
conditions laid down for the pursuit of each profession separately
(more information https://drive.google.com/file/d/1b81ti4ICC8ST4psb8QB6-p331GtskSmA/view ).
 You have access to social welfare benefits provided that you meet all the relevant conditions laid down in the law.
 If you are a recognized refugee, you have the right to be reunited with family members in your country of origin or
another third country. If you are a beneficiary of subsidiary protection you do not have this right.
 If you have been recognized as a beneficiary of international protection in Greece, have lived legally and continuously
in the country for at least 7 years and meet the conditions related to social inclusion, as provided for in the law, you
can apply for Greek citizenship (naturalization).
For more information on obtaining Greek citizenship here https://www.ypes.gr/g-g-ithageneias/arxiki-selida/ithageneia-
form). If you have children born in Greece who have completed primary and/or secondary education in Greece they may
be entitled to Greek citizenship under different conditions, as provided for by the relevant legislation.

Labor Market
Labor Market is one of the most important reasons for
persons who abandone their country in order to live in
a better place, under better conditions, possibly having
a better future.
So, it vert important to know how you can have access
to the Greek Labor Market, you rights and what you
need to do.
There are 2 categories of people that will be examined.
TCNS
Recognized
Refugees

Labor Market: TCNs
Here are some of the most popular questions that TCNs have:
 Do i hace the right to work in Greece?
 Do i need a work permit ?
 What are the other requirements to work legally in Greece?
 How do i obtain a Tax Number (AFM)?
 How do i prove my place of residence?
 How do i obtain a Social Security Number (AMKA)?
 What are my rights and obligations as an employee?
 Do i need to pay tax if i work in Greece?
 How do i open a bank account in Greece ?
 Can i register as an unemployment person?
 If i am a minor do i have the right to legally work ?
 Can i make a complaint about how i am
treated ?

Labor Market: TCNs
Do i have the right to work in Greece?
 If you are a TCN (an applicant for international protection), and you have completed the
procedure for lodging your application for international protection, and you possess a valid
“applicant for international protection card” or “asylum seeker’s card” then you have the
right to access salaried employment or to the provision of services or work.
 If you are an asylum seeker, you do not have the right to be self-employed or start your
own enterprise.
 If you are a pre-registered asylum seeker, you cannot access legal employment, until you
complete the procedure for full lodging your asylum application.
Note that to be legally employed, your asylum seeker’s card must be valid, therefore do not
forget to renew your asylum seeker’s card as it expires.

Do i need a work permit ?
Labor Market: TCNs
No. The “work permit” was previously a prerequisite for
TCNs in Greece. Under the law 4375/2016 (article 69), it has
been abolished.
Note that employers and accountants are not always aware
of all legal developments. You may need to clarify, refer to
specific details of the law, or request assistance from an NGO
in your location to discuss your case with employers and
accountants.

Labor Market: TCNs
What are the other requirements to work legally in Greece?
To work legally, you must have a tax number (AFM) and a social security number (AMKA).
How do i obtain a Tax Number (AFM)?
• To obtain a tax number in Greece, you must go to the tax office (DOY) which is closest your
place of residence. You can find the closest DOY using this list. Note that the information in this
link is in Greek.
At the tax office (DOY) you must present the following documents:
 The original and a copy of your valid “applicant for international protection card” or “asylum
seeker’s card”;
 Proof of your residence if your asylum seeker’s card does not indicate your current address.
Note that the tax number is necessary for all transactions with public services, in order to rent a
house/apartment, to buy a car or a motorbike and in general, it facilitates all transactions with
service providers.

You must have a Social Security Number (AMKA) in order to work legally in Greece. You also need an
AMKA to be insured and benefit from the Social Security provisions for employment injury, maternity,
sickness, disability, unemployment and family responsibilities.
Your ΑΜΚΑ ensures your rights related to labor and a pension and also facilitates your access to hospital
and pharmaceutical care. More details about the AMKA can be found here. Note that the information in
the link is in Greek.
You may submit an application for an AMKA at a Social Security Agency AMKA office, or at a Citizens’
Service Centre (KEP-ΚΕΠ). Note that information in the links is in Greek.
When you submit the application, you need to present your valid “applicant for international protection
card” or “asylum seeker’s card” and proof of your address.
Note that the experience of applying for the AMKA varies from person to person. In some locations the
AMKA is granted quickly to asylum seekers, in other locations the authorities request additional
documentation.
Pre-registered asylum seekers may experience problems more frequently than fully registered asylum
seekers. If you face difficulties, you may request assistance from an NGO in your area.
How do i obtain a Social Security Number (AMKA)?
To work legally, you must have a tax number (AFM) and a social security number (AMKA).
What are the other requirements to work legally in Greece?
Labor Market: TCNs

Labor Market: TCNs
How do i prove my place of residence?
 If your place of residence is different to the one stated in your card, or
if your card does not indicate your address, you may submit an
application to the Asylum Service, to declare your address and receive
a certificate to present it to the tax office.
 If you live in an open accommodation facility or site, an apartment or
reception facility of an NGO or any other actor (such as municipality),
you may request a certificate to prove your address from the agency
that manages the accommodation.
 If you are hosted by a Greek person or any other migrant or recognized
refugee, you need to submit an official, written declaration from that
person stating that they are hosting you. This must include their tax
number and certification of their signature in a Citizen’s Centre or KEP.
In addition, you will need evidence that they are the owner or tenant
of the address, such as a lease, the contract of the house or a copy of a
utility bill.

Labor Market: TCNs
What are my rights and obligations as an employee?
These refer to:
 basic salary,
 family allowances,
 hours of work,
 overtime,
 annual leave,
 minimum age of
employment,
 apprenticeship and
training,
 employment injury,
 maternity,
 sickness,
 unemployment
 and pension.
Sometimes a special license or additional
formalities are necessary for certain types
of employment. For instance, if you wish to
work in a store that ensures hygienic
standards, such as restaurants, taverns,
cafeterias, you will be expected to have a
health certificate and a special work permit
issued by a police department.
You can find specific information about
this here:
(http://www.odigostoupoliti.eu/pistopiitiko-
igias-ergazomenon-se-epichirisis-
igionomikou-endiaferontos/.)
According to Greek law,
asylum seekers have the
same labor and insurance
rights as Greek nationals

Labor Market: TCNs
Do i need to pay tax if i work in Greece? How do i open a bank account in Greece ?
If you are employed in Greece, you must submit an
annual income tax declaration, ‘dilosi eisodimatos’ for
the previous year. You can submit this at the tax office
closest to where you live. If you are registered in the
TAXINET (online Greek tax statement system), you can
make online transactions with the tax authorities. More
information in Greek can be found here.
Note that the submission of a tax declaration in Greek
may require some assistance from someone familiar with
the process and you may consider seeking assistance
from a Greek NGO or a professional accountant.
You may need a bank account for your salary payments.
If you do not have one, you can open a bank account by
presenting the following documentation at a bank.
•The original and a copy of your valid “applicant for
international protection card” or “asylum seeker’s card”;
•Proof of your current address;
•A certificate confirming your employment, issued by
your employer, and a copy of your employment contract;
•A copy of the document of issuance your tax number
(ΑFΜ);
•Your tax clearance (ekkatharistiko eforias) or an official
declaration that you had not submitted an income tax
return in Greece.
Note that the experience of opening a bank account in
Greece varies from person to person. Some banks are
more helpful than others. You may consider seeking
assistance from Greek friends or a Greek NGO.

Labor Market: TCNs
For more INFORMATION and for other actors
follow the link:
Access to Employment - UNHCR Greece

Labor Market: For recognized Refugees
Here are some of the most popular questions that Recognized Refugees have:
(It must be mentioned that both TCNs and Refugees have the same questions!
So there are no diferentiation )
 Do i have the right to work in Greece?
 Can i register as an unemployment person?
 If i am a minor do i have the right to legally work ?
 Can i make a complaint about how i am
treated ?

Do i have the right to work in Greece?
If you are a recognized refugee or a beneficiary of subsidiary protection and you
hold a valid residence permit, you have access under the same conditions as Greek
nationals to:
 salaried employment;
 provision of services or work;
 exercise an independent economic activity.
Your family members have the same rights as you, upon them getting a valid
residence permit.
Note that to be legally employed, your residence permit must be valid, therefore do
not forget to renew your residence permit as it expires.

It is important to mention that there are no difference to the answers to the
following questions as are the same with TCNs.
The answers are
the same,

A question which need an answer is:
Can I make complaint about how am i treated ?
If you face problems in your workplace, or you want to be informed about your rights, or you want to submit a complaint
against your employer and find a solution, you may contact the local office of the Labor Inspection (SEPE).
SEPE is the control mechanism of the Ministry of Labor for the proper implementation of labor law in Greece. It is designed
to safeguard labor rights and the safety and health of workers.
SEPE is able to investigate undeclared work and also has a role to inform, advise and prevent breaches of labor law. It covers
all Greek territories through a network of regional services.
You can find the nearest SEPE office by asking or looking for them here: http://www.ypakp.gr/uploads/docs/4623.pdf

Other Rights that Refugees have after their recruitment
1. Minimum wage
If you are hired as an employee in Greece and you work for
40 hours per week the minimum wage starts from 650 euros
per month.
If you are a worker and you agree to get paid by day the
minimum daily payment you can get starts from 29.04
euros.
In both cases, depending on your previous working
experience in the same employer the minimum monthly
wage and minimum daily payment rises.
After 2017 all employers have the obligation to deposit the
wage and the daily payment in a bank account.
The above-mentioned amounts are before tax and social
security deductions.
2. Tax rate
The amount of tax you pay depends on:
 Your monthly pay at your job
 If you are married, and if your spouse is
employed
 Other sources of income, including second
jobs
 Your assets
 Other factors
The government automatically deducts your tax
and social security contributions from your pay.

Other Rights that Refugees have after their recruitment
4. Annual leave
If you work 40 hours per week, you have the
right to 20 days of payed holiday leave per
year (1.66 days of paid holiday leave per
month), during the first year of work.
The longer you work at the same employer,
the more paid holiday you get — maximum
25 days of paid holiday leave after 10 years
of working at the same employer During
your annual leave you get paid.
Also, you are entitled to a summer leave
allowance.
5. Sick leave
When you take leave because you are sick (sick
leave), your employer must give you sick payment.
 For the first three days you are out sick, your
employer must pay you at least half your
regular daily pay.
 If you are sick for more than three days, you
have to go through the Greek National Health
System to get paid. Ask your human resources
department for more information.

6. Health insurance
Once you have a job, you must get a National Insurance Number (AMA Number) by EFKA. After a few months, you can use
this number to get health insurance. Learn more:
All people who live legally in Greece and have the right to work in Greece, after they get a job offer, they need to get AMA
Number (National Insurance Number). Your employer needs AMA Number to complete hiring. After that, you will be able to
have a work contract and your employer will be able to make National Insurance contributions for you.
To get an AMA Number, you need to go in person to the EFKA - office closest to where you live, depending on your address
Visit the Registry Department (“Μητρώο Ασφαλισμένων”). You do not need an appointment.
You can find a list of EFKA offices (in Greek) in the following link [https://www.efka.gov.gr/el] .
You should have with you:
1. Your Full Registration card or your residence permit (and passport, if you have one
2. A copy of your AMKA document
3. Your employer’s letter for job offer («βεβαίωση πρόσληψης»)
4. Proof of address (this is needed for the EFKA officer to check if you have gone to the competent EFKA office)
Tell the officer that you have a job offer and want to register.

7. Pensions
Pensions in Greece are funded by workers’ and
employer’s social security contributions.
Pension's amount depend on the number of
working days (ensima/stamps). When you work full-
time in Greece, you earn 25 ensima/stamps a
month. These ensima/stamps are added up
throughout your working life. When you reach the
minimum retirement age and the minimum number
of ensima/stamps, you can get your pension.
Your employer should keep track of your stamps for
you.
8. Documentation
Your employer must provide you a signed “declaration
of employment” form on your first day. If you don’t get
one, ask. Your employer keeps a copy, and you keep a
copy.
Your employer must stamp all your official documents
with the company stamp.
In case you have any more questions, or you are not
sure about the information provided by your employer,
please, contact a lawyer or the Labor Inspection Corps.

For more INFORMATION and for other actors
follow the link:
Access to Employment - UNHCR Greece

Where can the Refugees turn for help in Greece ?
 Hellenic Council for Refugees
 UNHCR
 International Organization for Migration
 international Amnesty
 National Commission for Human Rights
 Hellenic Council for Refugees
 Medical services
 Government Services - Non-Governmental Organizations NGOs
Follow the link in order to find more organizations for different sectors
http://cgi.di.uoa.gr/~ad/help/organizations.pdf

REFERENCES:
• Global Refugee Work Rights: 542903a64.pdf (refworld.org)
• Human Rights Aspects of immigrant and refugee policies: 168093de2c (coe.int)
• Chapter of Fundamental Rights of the European Union: EUR-Lex - 12012P/TXT - EN - EUR-Lex (europa.eu)
• Policy Department Economic and Scientific Policy: Labor Market Integration of Refugees: Strategies and good
practices (europa.eu)
• Statistics on migration to Europe: Statistics on migration to Europe | European Commission (europa.eu)
• Human Rights : Ανθρώπινα δικαιώματα - Βικιπαίδεια (wikipedia.org)
• European Commission: Common European Asylum System (europa.eu)
• Handbook on European law relating to asylum, borders and immigration: Handbook on European law relating
to asylum, borders and immigration (europa.eu)

REFERENCES:
• Access in Employment: Access to Employment - UNHCR Greece
• AIDA Asylum Information Database: Access to the labour market - Asylum Information Database |
European Council on Refugees and Exiles (asylumineurope.org)
• Organizations’ list for Refugees in Greece: organizations.pdf (uoa.gr)
• Greek Council For Refugees: GCR - Αρχική

ERIAS Master Class 2: Refugees and EU law - Refugee rights

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