Enhancing legal migration pathways

The need for skilled workforce in the EU makes it necessary to enhance legal migration pathways in the EU. Our opinion SOC/824 "Enhancing legal and organised labour migration to the EU" calls for a balanced approach between the EU and the countries of origin (CoOs) in all current and future migration frameworks. International skills and mobility partnerships can strengthen domestic labour markets, matching labour supply and demand, transferring skills at all levels and maximising “brain gain” through “brain circulation”, while addressing brain drain and increasing competitiveness and growth for CoOs and countries of destination (CoDs).

The risk of brain drain can be mitigated by providing pre- and post-departure training, with social and professional integration and skills development programmes in CoOs including for non-migrants, thus creating enabling conditions for economic growth and decent jobs in CoOs. This training, as well as the institutionalised involvement of social partners on both sides, allows to identify opportunities, risks and challenges for domestic labour markets and should be a feature of the EUs Talent Partnerships initiatives and mobility schemes.

At present, we lack a common framework and transparency in the negotiations for the Talent Partnerships (TPs). An action plan outlining the next steps for the TPs based on lessons learned from ongoing and past projects and policies is necessary.

Recruitment procedures should be in line with the ILO General Principles and Operational Guidelines For Fair Recruitment and the Fair Recrutiment Initiative. The Members of the World Employment Confederation subscribe to a code of conduct that promotes ethical and professional standards in employment services. Migrant workers should have access to pre-departure and post-arrival information, orientation and training, and legal access for complaints and redress. Rights such as freedom of association, collective bargaining and access to healthcare, housing, education and training in the CoD, must be ensured. Employers must also receive adequate information when recruiting TCNs.

The activation of the EU’s domestic labour force, including under-mobilised groups such as young people, people with disabilities, women, refugees and migrants, should be prioritised to meet long-term labour market needs and shortages. However, the interests of companies to fill urgent vacancies with migrant workers must be respected.

The promotion of legal and organised labour migration to the EU and related EU policies and instruments must be based on human rights, the rule of law, the integration of third-country nationals into the labour market and their role in meeting the EU’s labour and skills needs, respect for the EU’s common values and compliance with binding international legal instruments relevant to migration and human and labour rights.

By Christa Schweng, EESC Employers' Group Member and Member of the Study Group of Opinion SOC/824 Enhancing legal and organised labour migration to the EU.