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MANAGING LABOUR
MIGRATION FOR
LOWER SKILLED
JOBS
Challenges, pitfalls and solutions
Jonathan Chaloff
International Migration Division
ESRI, Dublin, 26 February 2018
• Fill needed lower skilled jobs without
adversely affecting resident workers
• Ensure that workers are protected
• Prevent overstay
General objectives
• Lower skilled foreign workers may have
similar characteristics to vulnerable
resident workers
– “resident” may have different meanings
• Lower skilled jobs may be inconsistent (or
consistent) with upskilling and
productivity increases (real/targeted)
• Low wage jobs may yield income below
threshold for social transfers
Challenges in recruiting lower skilled
foreign workers
• Deciding how many lower skilled jobs can
be filled by foreign workers… and for how
long
• Deciding what rights to grant foreign
workers in lower skilled jobs (especially
mobility)
• Understanding the costs of the
programme and determining who will pay
Immediate challenges
SPECIFIC COUNTRY
EXAMPLES
Sweden, Canada, Korea, France, USA
Sweden: No limits on low-skilled work
The size of
the circle
represents
the number
of entries
according to surplus/shortage ranking on the Occupational Barometer
Occupations of labour migrants, by cumulative entries
2009-11 relative to total employment 2009
Canada’s large TFW programme
Entries of TFWs Authorized to
Work in Canada, 2003-13
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
Low Skill High Skill
0
50000
100000
150000
200000
2007 2008 2009 2010 2010 2011 2012
D - Elemental and Labourers
C - Intermediate and Clerical
B - Skilled and Technical
A - Professionals
0 - Management Occupations
LMOs under old Canadian LMT by
Management Occupations and Skill
Level (A - D)
Korea: enormous and complex sector-
based temporary (?) programme
• Introduced in 2006 to replace a dysfunctional trainee programme and rapidly
became an integral part of the labour force
• based on BLAs with origin countries. Businesses must be in approved categories
and submit to LMT procedures
• Programme oversubscribed, so a scoring system is used to assign workers to “law-
abiding” employers. Most employers don’t get all the workers they request.
Non-Professional Temporary Foreign Workers, stock, 1990-2016
0.0
0.5
1.0
1.5
2.0
2.5
0
100,000
200,000
300,000
400,000
500,000
600,000
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
Working Visit(H-2)
Crew Employment(E-10)
Non-professional
Employment(E-9)
Technology Training(D-
3)
Training
Employment(E-8)
Training(9-13)
Foreign/Total
employment (right axis)
France: subject only to LMT, in practice
conducted through regularisation
Education level of third-country nationals, by type of permit, 2009, France
Source : Elipa (Ministère de l’Intérieur), vague 2010
Share of regularised workers out of all third-country work permits issued, by sector, 2009
(includes most status changes)
Source : Elipa (inistère de l’Intérieur), vague 2010 ; OFII, 2009.
USA: relatively small programmes
0
20,000
40,000
60,000
80,000
100,000
120,000
2011 2012 2013 2014 2015
Visas issued FY 2011-2015
H-2A
H-2B
H-2A: Temporary worker
performing agricultural
services. Uncapped.
Underutilised relative to
size of agricultural
employment
H-2B: Temporary worker
performing other
services. Capped at
66000 annually (with
exceptions).
Oversubscribed (but not
massively, until recently)
Very small (5000/year)
permanent employment-
based programme for
low-skill jobs
KEY INSTRUMENTS FOR
MANAGING LOW SKILLS IN
DEMAND-DRIVEN SYSTEMS
Solutions: keeping the programme
under control
Barriers to
recruitment
Barriers to
employment
Barriers to
retention
• Skill requirements
• Salary requirements
• Quotas (overall,
sector)
• Labour market tests
• Long processing time
• Permit and visa fees
• Requirement to use
certain channels
• Sponsor requirements
• Mobility restrictions
• Quotas
• Firm-level
proportion
requirements
• Employment
levies
• Wage premium
• Occupational,
geographic
restrictions
• Quotas
• Temporary stay
requirements
• Sunset
authorisation
Solution: drive up cost of lower skilled
foreign workers
• Increase permit application fee and labour
market test cost and complexity
• Impose wage premia
• Impose levy on employment
• Constrain labour supply through quotas
(overall, sector, firm-level…)
• Each carries its own pitfalls!
KEY POLICY QUESTIONS
Who is responsible? How long should permits last? How
can compliance be ensured? Should different sectors be
treated differently? What are the trade-offs?
What admission filters should be in
place?
Wage threshold
• second-guessing the labour
market
Labour market test
• Hard to establish scope and duration
• Where do jobs have to be posted?
• How long should it run?
• Should certain employers or
occupations be exempted?
• Hard to administer
• Automatic or case-work
approach
• Linked to shortage list question
Shortage list
• Established by whom, based on
what?
• important only to the extent
they allow admission, so they
depend on
• the severity, complexity
and cost of the LMT
from which they provide
an exemption
OR
• the extent to which they
remove a general
restriction on labour
migration
Who is responsible?
Bilateral agreements vs. Open
recruitment
Most countries don’t require or
favour use of bilateral agreements
• Korea: 15 countries for the EPS
• Germany: small programmes,
sector-focused, obsolete
• Japan: focused on specific
sectors
• Agricultural programmes are
more likely to have bilateral
agreements (Canada, Australia,
New Zealand)
State vs. employers
• Limited state intermediation
• In some cases, responsibility of
employers:
• Housing
• Travel cost
• Legal responsibility and
compliance
• Return costs
How long should workers be allowed to
stay?
Seasonal
Seasonal work requires
low recruitment/travel
costs to reduce risk of
overstay. Favours:
- close-by countries
- Large earnings gaps
- Long seasons
- BLAs
Employer costs can only
be amortised over a
short period
Temporary
Most EU countries issue
only temporary conditional
first permits
In settlement countries,
low-skill workers are more
constrained
Family reunification is also
a key question
Permanent
Most EU countries have
a path to permanent
residence for all labour
migrants
Low-skilled temporary
labour migrants in
settlement countries
face stricter eligibility
criteria, but options for
stay can be found
In other countries, there
may be tiny concessions
Enforcement mechanisms for temporary
migration
Pre-
arrival
During
stay
At
Departure
• Information
campaigns
• Employer reward
and punishment
(PBS, recruitment
allocations, cost-
sharing)
• Licensed
recruitment agency
• Labour
inspectorate,
immigration
inspectorate, tax
compliance (at
renewals),
mandatory
banking
• Training and
support
• Bonds (set-asides)
as reward or
forfeiture
• Multiple entry
visas for “circular
migration”
(priority return)
• Transferable right
of nomination
Programme administration (logistics) – constant case work
Should there be a sector-based
approach?
Agriculture
Construction
Domestic
work
/
childcare
Home
health care
Mining
CyclicalStructural
?
Employers
are often
households
Lower-skilled labour migration policy
does not occur in a policy vacuum
Active labour
market
policies
Low skilled
migration
Control &
limits
Attractiveness
& irregular
migration
Support to
industry,
attractiveness
for other
migrants
Help
residents
find jobs
Strong
concern
from public
opinion
May push
natives
upwards, or
harm their
employment
prospects
Read more about our work Follow us on Twitter:
@OECD_Social
Website: www.oecd.org/migration
Thank you
21

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Managing Labour Migration for Lower Skilled Jobs

  • 1. MANAGING LABOUR MIGRATION FOR LOWER SKILLED JOBS Challenges, pitfalls and solutions Jonathan Chaloff International Migration Division ESRI, Dublin, 26 February 2018
  • 2. • Fill needed lower skilled jobs without adversely affecting resident workers • Ensure that workers are protected • Prevent overstay General objectives
  • 3. • Lower skilled foreign workers may have similar characteristics to vulnerable resident workers – “resident” may have different meanings • Lower skilled jobs may be inconsistent (or consistent) with upskilling and productivity increases (real/targeted) • Low wage jobs may yield income below threshold for social transfers Challenges in recruiting lower skilled foreign workers
  • 4. • Deciding how many lower skilled jobs can be filled by foreign workers… and for how long • Deciding what rights to grant foreign workers in lower skilled jobs (especially mobility) • Understanding the costs of the programme and determining who will pay Immediate challenges
  • 6. Sweden: No limits on low-skilled work The size of the circle represents the number of entries according to surplus/shortage ranking on the Occupational Barometer Occupations of labour migrants, by cumulative entries 2009-11 relative to total employment 2009
  • 7. Canada’s large TFW programme Entries of TFWs Authorized to Work in Canada, 2003-13 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 Low Skill High Skill 0 50000 100000 150000 200000 2007 2008 2009 2010 2010 2011 2012 D - Elemental and Labourers C - Intermediate and Clerical B - Skilled and Technical A - Professionals 0 - Management Occupations LMOs under old Canadian LMT by Management Occupations and Skill Level (A - D)
  • 8. Korea: enormous and complex sector- based temporary (?) programme • Introduced in 2006 to replace a dysfunctional trainee programme and rapidly became an integral part of the labour force • based on BLAs with origin countries. Businesses must be in approved categories and submit to LMT procedures • Programme oversubscribed, so a scoring system is used to assign workers to “law- abiding” employers. Most employers don’t get all the workers they request. Non-Professional Temporary Foreign Workers, stock, 1990-2016 0.0 0.5 1.0 1.5 2.0 2.5 0 100,000 200,000 300,000 400,000 500,000 600,000 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Working Visit(H-2) Crew Employment(E-10) Non-professional Employment(E-9) Technology Training(D- 3) Training Employment(E-8) Training(9-13) Foreign/Total employment (right axis)
  • 9. France: subject only to LMT, in practice conducted through regularisation Education level of third-country nationals, by type of permit, 2009, France Source : Elipa (Ministère de l’Intérieur), vague 2010 Share of regularised workers out of all third-country work permits issued, by sector, 2009 (includes most status changes) Source : Elipa (inistère de l’Intérieur), vague 2010 ; OFII, 2009.
  • 10. USA: relatively small programmes 0 20,000 40,000 60,000 80,000 100,000 120,000 2011 2012 2013 2014 2015 Visas issued FY 2011-2015 H-2A H-2B H-2A: Temporary worker performing agricultural services. Uncapped. Underutilised relative to size of agricultural employment H-2B: Temporary worker performing other services. Capped at 66000 annually (with exceptions). Oversubscribed (but not massively, until recently) Very small (5000/year) permanent employment- based programme for low-skill jobs
  • 11. KEY INSTRUMENTS FOR MANAGING LOW SKILLS IN DEMAND-DRIVEN SYSTEMS
  • 12. Solutions: keeping the programme under control Barriers to recruitment Barriers to employment Barriers to retention • Skill requirements • Salary requirements • Quotas (overall, sector) • Labour market tests • Long processing time • Permit and visa fees • Requirement to use certain channels • Sponsor requirements • Mobility restrictions • Quotas • Firm-level proportion requirements • Employment levies • Wage premium • Occupational, geographic restrictions • Quotas • Temporary stay requirements • Sunset authorisation
  • 13. Solution: drive up cost of lower skilled foreign workers • Increase permit application fee and labour market test cost and complexity • Impose wage premia • Impose levy on employment • Constrain labour supply through quotas (overall, sector, firm-level…) • Each carries its own pitfalls!
  • 14. KEY POLICY QUESTIONS Who is responsible? How long should permits last? How can compliance be ensured? Should different sectors be treated differently? What are the trade-offs?
  • 15. What admission filters should be in place? Wage threshold • second-guessing the labour market Labour market test • Hard to establish scope and duration • Where do jobs have to be posted? • How long should it run? • Should certain employers or occupations be exempted? • Hard to administer • Automatic or case-work approach • Linked to shortage list question Shortage list • Established by whom, based on what? • important only to the extent they allow admission, so they depend on • the severity, complexity and cost of the LMT from which they provide an exemption OR • the extent to which they remove a general restriction on labour migration
  • 16. Who is responsible? Bilateral agreements vs. Open recruitment Most countries don’t require or favour use of bilateral agreements • Korea: 15 countries for the EPS • Germany: small programmes, sector-focused, obsolete • Japan: focused on specific sectors • Agricultural programmes are more likely to have bilateral agreements (Canada, Australia, New Zealand) State vs. employers • Limited state intermediation • In some cases, responsibility of employers: • Housing • Travel cost • Legal responsibility and compliance • Return costs
  • 17. How long should workers be allowed to stay? Seasonal Seasonal work requires low recruitment/travel costs to reduce risk of overstay. Favours: - close-by countries - Large earnings gaps - Long seasons - BLAs Employer costs can only be amortised over a short period Temporary Most EU countries issue only temporary conditional first permits In settlement countries, low-skill workers are more constrained Family reunification is also a key question Permanent Most EU countries have a path to permanent residence for all labour migrants Low-skilled temporary labour migrants in settlement countries face stricter eligibility criteria, but options for stay can be found In other countries, there may be tiny concessions
  • 18. Enforcement mechanisms for temporary migration Pre- arrival During stay At Departure • Information campaigns • Employer reward and punishment (PBS, recruitment allocations, cost- sharing) • Licensed recruitment agency • Labour inspectorate, immigration inspectorate, tax compliance (at renewals), mandatory banking • Training and support • Bonds (set-asides) as reward or forfeiture • Multiple entry visas for “circular migration” (priority return) • Transferable right of nomination Programme administration (logistics) – constant case work
  • 19. Should there be a sector-based approach? Agriculture Construction Domestic work / childcare Home health care Mining CyclicalStructural ? Employers are often households
  • 20. Lower-skilled labour migration policy does not occur in a policy vacuum Active labour market policies Low skilled migration Control & limits Attractiveness & irregular migration Support to industry, attractiveness for other migrants Help residents find jobs Strong concern from public opinion May push natives upwards, or harm their employment prospects
  • 21. Read more about our work Follow us on Twitter: @OECD_Social Website: www.oecd.org/migration Thank you 21