GETTING RIGHT TO WORK - ACCESS TO EMPLOYMENT AND DECENT WORK FOR INTERNATIONAL PROTECTION APPLICANTS IN IRELAND - Doras
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GETTING RIGHT
TO WORK
ACCESS TO EMPLOYMENT AND DECENT WORK FOR
INTERNATIONAL PROTECTION APPLICANTS
IN IRELAND
Use of the Irish Human Rights and Equality Commission L
PROMOTING & PROTECTING HUMAN RIGHTS - Guidelines for Grant Recipients
I. Introduction
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activities relating to the project and respect copyright laws in any publication.
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received support. This must be done, if possible and unless the Commission requests otherw
communication, dissemination and Intellectual Property Rights activities as well as on all majo
funded by the grant.
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Use of the IHREC logo shall only be used in direct connection with the grant funded project. Where t
logo is proposed for use on publications or promotional material final approval of logo use should b
through the Commission Communications Manager.
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III. Downloading the Irish Human Rights and Equality logo for use by grant recipients
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page on the Irish Human Rights and Equality Commission’s website.
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CONTENTS
Abbreviations 2
Executive Summary 3
Introduction 7
Rights of Protection Applicants in Ireland 9
Labour Market Access for Migrants in Ireland 11
The Right to Work 13
Labour Market Access Supports for Protection applicants 17
International Trends Relating to Work and Employment
for Refugees and Protection Applicants 23
Methodology 28
Findings 29
Barriers to Employment and Decent Work 29
Employer Attitudes and Awareness 31
Knowing Your Rights 33
Employment Support Services 34
Pathways to Employment 35
Recommendations 37
Government, Public Authorities and Services 37
Employers and Employer Associations 39
Non-Governmental Organisations / Civil Society 40
References 41
1
ABBREVIATIONS
ALMP Active Labour Market Programmes
AMIF Asylum, Migration and Integration Fund
BPFI Banking & Payments Federation Ireland
BTEA Back to Education Allowance
CERD Committee on the Elimination of Racial Discrimination
CIF Community Foundation for Ireland
CIPD Chartered Institute of Personnel and Development
DCEDIY Department of Children, Equality, Disability, Integration and Youth
ECRE European Council on Refugees and Exiles
EEA European Accession Area
ESF European Social Fund
ETB Education and Training Board
EU European Union
FET Further Education and Training
HAP Housing Assistance Payment
ICESCR International Covenant on Economic, Social and Cultural Rights
IHREC Irish Human Rights and Equality Commission
ILO International Labour Organization
INIS Irish Naturalisation and Immigration Service
IPAS International Protection Accommodation Service
IRP Irish Residence Permit
ISD Immigration Service Delivery
LES Local Employment Scheme
LMAP Labour Market Access Permission
MRCI Migrant Rights Centre Ireland
NGO Non-Governmental Organisation
OECD Organisation for Economic Co-operation and Development
PEIL Programme for Employability, Inclusion and Learning
PES Public Employment Services
PLC Post Leaving Certificate
PPS Personal Public Service
SFI Swedish for Immigrants
TRC Temporary Residence Certificate
TSG Training Support Grant
UN United Nations
UNHCR United Nations High Commissioner for Refugees
UoSI University of Sanctuary Ireland
2
EXECUTIVE SUMMARY
This report contributes to the realisation of Review of Existing Practice
the right to decent work for international
protection applicants in Ireland. It does so by and Experience
documenting the barriers they face to obtaining
employment and decent work, examining
Research over the last decade has shown that
the effectiveness of employment support
migrants’ experiences in the labour market is
programmes, and identifying measures to be
one of underemployment. Lack of recognition
taken to ensure access to decent work for this
of qualifications and experience; poor pay
target group.
rates, as well as terms and conditions; lack of
promotional opportunities; lack of social capital;
Decent work is a multidimensional concept
and discrimination all hinder access to work and/
that is concerned with the availability of
or progression. Several key problems have been
employment in conditions of freedom, equity,
identified. These include the intertwinement
security, and human dignity. It was introduced
of employment and immigration enforcement;
by the International Labour Organisation in
workers’ lack of awareness of employment
1999 and involves opportunities for work that is
rights; the ineffectiveness of labour inspections;
productive and delivers a fair income; provides
the uncertain impact of undocumented status
security in the workplace and social protection
on employment rights; and difficulties with
for families; offers increased prospects for
enforcing employment awards. And across the
personal development and social integration;
continuum of exploitation from relatively minor
affords freedom for people to express their
employment violations to forced labour and
concerns; provides people with the opportunity
trafficking, vulnerability is at least partly created
to organize and participate in the decisions
by a person’s irregular or precarious status.
that affect their lives; and ensures equality of
opportunity and treatment for all women and
International protection applicants’ experiences
men.
are broadly similar. They must apply to the
Immigration Service Delivery unit of the
Employment provides opportunities for social
Department of Justice for permission to work,
relations and community participation, while
and if successful they are granted a permit
unemployment contributes to social exclusion
in the form of a letter for a fixed period. This
and loss of self-confidence and poor health.
was extended from six to 12 months at the
Furthermore, employment is considered to
start of 2021. They also face other significant
be the single most important indicator of
administrative barriers when it comes to getting
integration as it provides a source of income and
work. These include difficulty opening bank
confers social standing with respect to the host-
accounts, and not being allowed to apply for
country population.
driving licenses.
The goal of decent work is not just the creation
of jobs and employment, but the creation of jobs
of acceptable quality.
3
This report highlights how the range of From a review of policy, practice and
employment schemes and supports operated experiences across Europe, a number of
by the Department of Social Protection to key aspects emerge as being of particular
assist long-term unemployed people to return importance for the labour market integration of
to work do not include the Daily Expenses refugees and protection applicants. These are
Allowance paid to protection applicants living in language; recognition of skills and qualifications;
Direct Provision. It also outlines the crucial role the coordination of services to address other
played by refugee/migrant support and other needs that are crucial for employment, including
non-governmental organisations in facilitating health care and housing; social networks; and
successful labour market access for refugees employer engagement.
and protection applicants. It provides a non-
exhaustive list of NGO-run employment support A number of action areas were identified by
programmes targeted at assisting refugees and the OECD and UNHCR as key to facilitating the
protection applicants in Ireland. One of the employment of refugees. Their proposed 2018
main problems with these is the temporary and action plan recommends enhanced cooperation
short term nature of the funding streams. This, between employers, employment services and
combined with the relatively few evaluations immigration authorities. They highlight the
of the services (linked to the nature of the need for public authorities and employment
funding provided) means there has been little services to provide up-to-date, comprehensive
opportunity to learn from and build on the work information to employers who want to hire
done to date in this area. protection applicants and refugees; to educate
employment service staff; to provide support for
Another key aspect of supporting protection employers around skills assessment; and to raise
applicants to access employment is the need for awareness about discrimination, xenophobia
appropriate training for support workers and and stereotyping through awareness raising
service providers. Understanding how trauma campaigns and training. They note that civil
and displacement affects those who use the society organisations have a role to play by
services is vital, as is knowing the appropriate establishing information services for refugees
responses. Working in a trauma-informed way and employers in relation to work rights and
is therefore vital for anyone delivering supports by providing training and other services that
and services for protection applicants, as is an prepare refugees for entry into the workplace.
understanding of cultural, linguistic and other
areas of diversity.
4Research Findings
This study adopted a mixed method approach 2. Employer Attitudes and Awareness
to examining the effectiveness of employment Here the need for enterprises and
support programmes for protection applicants organisations to take a planned and
and refugees in Ireland. Drawing on the findings systematic approach to equality and
from the review of existing literature and good human rights are highlighted. Employers’
practice, their experiences were captured legal obligations, and the growing
through focus group discussions and an online recognition that promoting and maintaining
survey. These findings were supplemented by diversity in the workplace is beneficial from a
interviews with labour market access support business perspective also emerged as
services and NGOs running employment important findings.
support services or programmes. The research
also drew on the experiences and evidence base 3. Knowing Your Rights
built up by Doras through its direct support Rights holders may not always be aware of
work. or may be reluctant to assert their rights
when looking for work. Out of necessity they
The findings indicate that employment choices are often focused on finding any employment
are disproportionately restricted for protection rather than decent employment
applicants and refugees. They routinely have opportunities. As a result of the barriers
difficulty finding employment in sectors of faced when trying to get work, they are not
their choice and tend towards a small number focused on the standards of the employment,
of employment sectors which experience has rather their main goal is often to source an
shown they are more likely to get work in. These income regardless of employment standards.
include childcare, healthcare and security work.
The importance of employment for wellbeing, 4. Employment Support Services
personal development and integration into While general employment support
society was highlighted with both education programmes can help to address some of the
and employment seen as beneficial, not least barriers that rights holders face when trying
because they afford people the opportunity to to access employment, they are generally
engage with other people in the community. not equipped to address the particular
Findings are categorised as follows: barriers faced by protection applicants. The
need for additional, dedicated support
1. Barriers to Employment and Decent Work services is essential, starting with the
A range of inter-related barriers to understanding that people seeking
obtaining meaningful or preferred work employment for the first time in Ireland may
were articulated. These included a lack of have gone through trauma and displacement,
networks and knowledge of how to navigate or lack confidence as a result of their many
the system or find work; discrimination; years in Direct Provision without a right to
social or economic disadvantage (as a result work.
of living in Direct Provision); lack of access
to childcare (particularly for women); poor 5. Pathways to Employment
recognition of qualifications and experience; Most of the research survey respondents
lack of references; work permit restrictions; were not working in their preferred
other administrative barriers (including bank employment or in roles commensurate with
accounts and driving licenses); and language. their skills or qualifications. Taking whatever
These are compounded by other factors work is available is seen as a route to
including the length of time spent in the building social networks, as well as securing
asylum process, leading to loss of knowledge essential income. It is also a consequence of
currency and confidence, coping with the fatigue and resignation that comes from
displacement and trauma, and age. spending years in Direct Provision.
5Recommendations
The following high level recommendations are 6. Implement measures to eliminate
proposed in relation to the right to decent work discrimination, exploitation and
for protection applicants in Ireland. They are harassment from workplaces.
underpinned by two key principles:
7. Employer associations should monitor
(1) equality of access to services for protection and assess the performance of
applicants and refugees; and employers.
(2) recognition of their unique needs and
vulnerabilities, collectively and individually, C. Non-Governmental Organisations / Civil
while appreciating the diversity and the Society
richness of talent and expertise within the
refugee population. 8. Provide services aimed at achieving
suitable and sustainable employment for
protection applicants and refugees.
A. Government, Public Authorities and Services
1. Remove the administrative and Each of these recommendations are outlined in
legislative barriers that restrict greater detail in the final section of the report.
international protection applicant’s real
and effective access to work. A February 2021 government commitment to
put employment supports at the core of a new
2. Provide early access to dedicated and model to replace Direct Provision, alongside
targeted employment supports and health, housing and education supports, is
training for international application encouraging. According to the White Paper to
applicants. end Direct Provision that was introduced by
the Department of Department of Children,
3. Ensure equal access to mainstream Equality, Disability, Integration and Youth, the
employment supports, training and new model will come into effect on a phased
further education for all protection basis between February 2021 and December
applicants and refugees. 2024. The government has said that under the
new model, protection applicants will be entitled
4. Put adequate measures in place to ensure to access employment activation supports
protection applicants and refugees are and to link with employer networks after an
not forced into work that is precarious or initial four month period in a Reception and
does not respect their fundamental rights Integration Centre. It also promises to provide
or their rights as workers. early intensive orientation and English language
programmes, as well as employment supports,
and to address some of the other administrative
B. Employers and Employer Associations and legislative barriers to employment that
currently exist.
5. Employers should ensure equal
opportunities are provided for protection
applicants and refugees seeking As the evidence in this report shows, these are
employment. urgently needed.
6INTRODUCTION
The right to work is a fundamental right, society, and at all levels of development. The
recognised in several human rights instruments, ILO recognised that quality of employment can
including the International Covenant on mean many things. It can relate to different
Economic, Social and Cultural Rights (ICESCR). forms of work and to different conditions
This right is essential for the realisation of other of work, as well as to feelings of value and
human rights, and it forms an inseparable and satisfaction. The goal of decent work is
inherent part of human dignity. It contributes to therefore not just the creation of jobs, but also
the survival of the individual and his/her family, the creation of jobs of acceptable quality.
and where work is freely chosen or accepted, The ILO’s decent work agenda is based on an
it contributes to personal and professional integrated and gender-mainstreamed approach.
development, and to recognition within the It consists of four elements:
community 1.
• Job creation: everyone has the right to work
Work is a vital source of self-fulfillment, that is productive and delivers a fair income.
identity and dignity and is important as a In recognition of this right, national labour
source of income to satisfy basic needs such policies should aim to provide dignified, local
as food, housing, education, and health care employment and sustainable livelihoods.
(MacNaughton & Frey, 2018). Employment
provides opportunities for social relations and • Rights at work: workers rights include the
community participation, while unemployment right to just and favourable conditions, time
contributes to social exclusion, loss of self- off, non-discrimination and living wages for
confidence and poor health. It also impacts them and their families.
negatively on families and on communities. It
is considered to be the single most important • Social Protection: all workers should have
indicator of integration for migrants and safe working conditions, adequate free time
refugees, as work provides a source of income and rest, access to benefits like healthcare,
and confers social standing with respect to pension, and parental leave, among others.
the host-country population. However, while
employment in itself is important, job quality • Social Dialogue: workers should be free to
is also a strong determinant, shaping how new express their concerns, organise and
arrivals find their place in a society. participate in the decisions that affect their
lives.
In 1999 the International Labour Organisation
(ILO) introduced the concept of “full Ensuring access to productive and freely chosen
employment and decent work” 2. They described work has a positive effect on both individual
it as the most widespread of needs, shared and societal wellbeing. At a societal level,
by people, families and communities in every access to decent work is directly linked to
1 See UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 18: The Right to Work
(Art. 6 of the Covenant), 6 February 2006, E/C.12/GC/18, available at: https://www.refworld.org/docid/4415453b4.html
2 Report by the director-general: Decent work. 87th Session of the International Labour Conference. Geneva (1999).
Available at https://www.ilo.org/public/english/standards/relm/ilc/ilc87/rep-i.htm
7economic growth and poverty reduction while and important social interaction. People who
contributing to social cohesion. At individual are employed tend to show higher levels of
level, the opportunity to take up positions life satisfaction in comparison to those who
of paid employment provides people with a are unemployed, whereas unemployment
source of income and has a direct impact on lowers self-esteem, is detrimental for health
their standard of living. While this contributes and wellbeing, undermines a person’s place
significantly to personal wellbeing, decent in society (Green, 2011; OECD, 2017) and
employment can also provide a sense of can have long–lasting deleterious effects on
dignity, professional identity, societal status, wellbeing (Hahn et al, 2012).
What is Decent Work? • Employment opportunities
• Adequate earnings and productive work
Decent work is a multidimensional concept • Decent working time
that is concerned with the availability of • Combining work, family, and personal life
employment in conditions of freedom, • Work that should be abolished
equity, security, and human dignity. It • Stability and security of work
was introduced by the International • Equal opportunity and treatment in
Labour Office (ILO) in 1999 and involves employment
opportunities for work that is productive • Safe work environment
and delivers a fair income; provides security • Social security
in the workplace and social protection for • Social dialogue, employers, and workers
families; offers increased prospects for representation
personal development and social integration;
affords freedom for people to express The ILO’s Decent Work Agenda is an
their concerns; provides people with the integrated programmatic approach to
opportunity to organize and participate pursuing the objectives of full and productive
in the decisions that affect their lives; employment and decent work for all at
and ensures equality of opportunity and global, regional, national, sectoral and local
treatment for all women and men. The ILO levels. It has four pillars: standards and
Framework on the measurement of decent rights at work, employment creation and
work covers ten substantive elements: enterprise development, social protection,
and social dialogue, with gender equality as a
crosscutting objective.
Ensuring access to productive and freely chosen employment can also provide a sense of
work has a positive effect on both individual dignity, professional identity, societal status,
and societal wellbeing. At a societal level, and important social interaction. People who
access to decent work is directly linked to are employed tend to show higher levels of
economic growth and poverty reduction while life satisfaction in comparison to those who
contributing to social cohesion. At individual are unemployed, whereas unemployment
level, the opportunity to take up positions lowers self-esteem, is detrimental for health
of paid employment provides people with a and wellbeing, undermines a person’s place
source of income and has a direct impact on in society (Green, 2011; OECD, 2017) and
their standard of living. While this contributes can have long–lasting deleterious effects on
significantly to personal wellbeing, decent wellbeing (Hahn et al, 2012).
8RIGHTS OF PROTECTION APPLICANTS
IN IRELAND
Protection applicants who have not yet received Direct Provision centres. Some are located
a final decision on their application are offered in urban areas with good access to transport,
accommodation by the State in residential health care, educational and employment
institutions under a reception system known services, but others are in remote locations and
as Direct Provision, which is operated by the suffer from poor services including transport
International Protection Accommodation and telecommunications. The 2019 CERD
Service (IPAS). Direct Provision residents are review of Ireland highlighted this as a barrier
provided with essential services including for protection applicants in obtaining work. It
medical care, accommodation and board, plus also noted that lengthy stays under inadequate
a weekly allowance of €38.80 per adult and living conditions in Direct Provision centres has
€29.80 per child. significant impact on mental health and family
life for protection applicants 4.
Many protection applicants experience lengthy
stays in Direct Provision. This is associated As of the end of July 2020, there were 8,812
with declining physical and mental health, applicants for international protection awaiting
self-esteem and skills. The impact on people’s decision. Of these, 63.7% were male and 36.3%
lives has been criticised by a range of national were female. 79.1% were between the ages
and international bodies including the UN of 18 and 65. There were 7,151 applicants in
Committee on the Elimination of Racial Direct Provision at the end of July 2020 5, and
Discrimination (CERD), the Irish Human while the majority were in the system for less
Rights and Equality Commission (IHREC), the than two years, 14% of residents had spent over
Special Rapporteur on Child Protection, the 4 years in Direct Provision 6.
Joint Oireachtas Committee on Justice and
Equality, UN High Commission for Refugees Since 1990, a total of 141,268 protection
(UNHCR), the Ombudsman, and several non- applicants have been granted refugee status
governmental organisations (NGOs). One of in Ireland 7. In 2019 there were 4,781 new
the many criticisms noted in the 2020 report of applicants. 585 were granted refugee status,
the Advisory Group on the Provision of Support 120 got subsidiary protection, and 265 got
including Accommodation to Persons in the humanitarian leave to remain 8.
International Protection Process chaired by Dr
Catherine Day 3 is the isolated location of many
3 Available at https://www.gov.ie/en/publication/634ad-report-of-the-advisory-group-on-the-provision-of-support-including-
accommodation-to-persons-in-the-international-protection-process/.
4 CERD Concluding observations on the combined fifth to ninth reports of Ireland,Dec 2019. Available at
https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/IRL/INT_CERD_COC_IRL_40806_E.pdf.
5 Not all applicants for international protection avail of the Direct Provision system of accommodation
6 Figures from the Day Advisory Group report.
7 Data from http://www.asylumineurope.org/reports/country/republic-ireland/statistics.
9In additional to people who apply for including employment services during their
international protection in Ireland, over 3,000 first four months in the State. The intention
refugees from almost 30 nationalities have is that after that, applicants will have access
been resettled to Ireland as part of the Irish to assigned integration support that will
Refugee Resettlement Programme since 2000. link them with local employment services.
These ‘programme refugees’ had already been Integration from day one is a stated intent of
determined by UNHCR to meet the 1951 the White Paper, as is supporting people to live
Refugee Convention definition of a refugee independently.
and were therefore not required to apply for
international protection in Ireland 9. One of the recommendations of the White
Paper is that after Phase One reception,
In February 2021, the Department of Children, protection applicants should have access to
Equality, Disability, Integration and Youth social welfare allowances that are aligned with
(DCEDIY) published a White Paper to end mainstream income supports. This is crucial in
Direct Provision and to establish a new order to avoid exploitation and ongoing poverty
International Protection support service 10, amongst protection applicants.
that it aims to have fully implemented by the
end of 2024. The new model proposes a two- In a 2012 Irish Refugee Council report on
phase approach to accommodating protection children living in Direct Provision (Arnold,
applicants. They will be accommodated in a 2012), the system was described as state
Reception and Integration Centre for four sanctioned poverty. Institutionalisation and
months (Phase One), during which time the exploitation of children were highlighted in
focus will be on identifying needs, orientation this report, but the exploitation of adults,
support, defining pathways, and linking particularly women, in Direct Provision has
applicants to appropriate services. After that also been an ongoing concern throughout the
(Phase Two), the emphasis will be on “fostering existence of the system. This vulnerability
an independent life within the community”. The to exploitation is linked to the lack of access
intention is that all accommodation in Phase to decent work experienced by protection
Two will be own-door, self-contained houses or applicants.
apartments for families, and either own-door
or own-room accommodation for single people.
The proposed model also commits to providing
accommodation “that will be located in an
urban area with access to services and public
transport”.
The White Paper promises that protection
applicants will be linked to appropriate services,
8 An applicant who is adjudged to match the legal definition of a Convention Refugee (someone who matches the definition of a
refugee in the Geneva Convention on Refugees) is given refugee status. If she/he does not qualify to be a refugee but is at risk of
serious harm if sent home, they may be given a status called Subsidiary Protection. Refugees and people with Subsidiary Protection
can stay in Ireland indefinitely and will have many of the same rights as an Irish citizen including the right to work, education and
social protection. A person who does not qualify for refugee status or Subsidiary Protection may be given permission to stay in
Ireland for humanitarian or other reasons. This is called Permission to Remain.
9 See https://www.unhcr.org/en-ie/resettlement-58c923ff4.html.
10 Available at https://www.gov.ie/en/press-release/affd6-minister-ogorman-publishes-the-white-paper-on-ending-direct-provision/.
10LABOUR MARKET ACCESS
FOR MIGRANTS IN IRELAND
In recent years, increased inward flows of the Future’ 12 is that migrants are facilitated to
migrants into the European Union (EU) have play a full role in Irish society, that integration
resulted in greater attention being given to is a core principle of Irish life, and that Irish
integration policies, outcomes and measures, society and institutions work together to
including the area of labour market access. In promote integration. One of the key elements
its 2016 action plan on the integration of third- of the strategy is that migrants are enabled and
country nationals 11, the European Commission expected to participate in economic life through
identified employment and vocational training, employment and self-employment. Nonetheless,
including actions to promote early entry into Arnold et al (2019) note that migrants face
the labour market as crucial for integration. It several challenges in the Irish labour market.
also noted that effective inclusion of migrants These have been documented by the Migrants
into the labour market requires the active Rights Centre Ireland (MRCI) 13, Kingston et
collaboration of a large variety of actors. These al (2015), O’Connell (2018), McGinnity et al
include public authorities; local, regional, and (2018) and others. The challenges include
national agencies; civil society organisations; higher rates of work-related discrimination
economic and social partners; and employers. than Irish nationals, low pay, over-qualification
for their jobs, lack of progression, exploitation,
an insufficient level of English language, weak
“Employment is a core part of the integration
networks, lack of recognition of qualifications,
process. Finding a job is fundamental to
and a potential need to up-skill. Employment
becoming part of the host country’s economic
permit systems and government policy
and social life, ensuring access to decent
regarding the right to work for family members
accommodation and living conditions as well
and international protection applicants
as economic inclusion”. EU Action Plan on
exacerbate the problems faced in accessing
Integration of Third-Country Nationals
employment.
(2016)
There is also evidence of race-based
Ireland pursues a policy of mainstreaming stratification in the Irish labour market. Joseph
service provision in the area of integration, (2018) found that some groups are more likely
with focused initiatives to meet the specific to be at the bottom and others at the top of
needs of the migrant population (Arnold et al., the ladder when it comes to attaining paid
2019). The vision of Ireland’s current strategy employment, depending on their nationality and
‘The Migrant Integration Strategy - A Blueprint for race. In particular, she found that migrants of
11 European Commission (2016). Action plan on the integration of third-country nationals. Available at https://ec.europa.eu/home-
affairs/what-we-do/networks/european_migration_network/glossary_search/action-plan-integration-third-country_en.
12 The Migrant Integration Strategy was published in 2017 and sets out the Government’s approach to the issue of migrant integration
for the period up to 2020. This strategy has been extended for a further year. See http://www.justice.ie/en/JELR/Migrant_
Integration_Strategy_English.pdf/Files/Migrant_Integration_Strategy_English.pdf.
13 See MRCI 2015 reports ‘All work and low pay: The experience of migrants working in Ireland’ and ‘Workers on the move: Past
lessons and future perspectives on Ireland’s labour migration’.
11Nigerian descent had a lower progression rate in service sectors where jobs are often
into paid employment in proportion to their undervalued, underpaid and in some cases
population that Polish or Spanish migrants. exploitative. The reports also noted that 70% of
Labour market participation of a high proportion migrants were overqualified for the jobs they
of migrants in Ireland is without financial were employed in. Despite having a better
remuneration, with a much higher proportion of educational profile that the Irish population
Nigerian migrants (more than half) caught in this as a whole, migrants were – and still are - over
category. represented in lower-paid jobs.
There are similar trends across Europe, with A 2020 research report from the MRCI that
third-country nationals often being focused on migrants’ experiences in the labour
overqualified or overskilled for the jobs they market and their progression within it showed
are in. They also have to work in less favourable that underemployment (working in jobs that did
conditions when it comes to wages, employment not fully utilise their skills and qualifications)
protection and career prospects 14. Migrants was a key feature of people’s experiences. So
living in rural areas tend to fare particularly too was frustration at the lack of progression
badly in terms of employment (as well as other despite their best efforts (MRCI, 2020). Lack
indicators of integration such as education, of recognition of qualifications and experience
poverty, social exclusion and housing), not (outside of Ireland) by employers; pay rates,
only compared to non-migrants but also with and terms and conditions; lack of promotional
respect to migrants living in cities and towns 15. opportunities; and lack of social capital were
There is also a striking gap in employment and evident in people’s ability to get ahead at
labour market participation between male and work, to get a foothold on the housing market,
female migrants coming from third countries. or to set up a new business. Experiences of
This gender divide is particularly pronounced discrimination, both racially and in terms of
amongst people seeking protection in the EU gender, were also highlighted in the report.
and in countries that have recently seen a large
influx of refugees (Barslund et al, 2017). It has Overall the question of how to better protect
also been found to persist in labour markets the rights of migrants at work has attracted
over time. quite a bit of commentary in recent years
(Murphy et al, 2020). Key problems include the
The MRCI’s 2015 report ‘All work and low pay: intertwinement of employment and immigration
The experience of migrants working in Ireland’ 16 enforcement; workers’ lack of awareness of
highlighted how migrant workers made up a employment rights; the ineffectiveness of
significant proportion of low-paid workers in labour inspections; and the uncertain impact of
the country. These were primarily in the hotel, undocumented status on employment rights.
catering, restaurant, wholesale and retail Across the continuum of exploitation from
sectors. The level of precarity experienced in relatively minor employment violations to
these sectors was high, many of the people in forced labour and trafficking, vulnerability is at
low paid jobs struggled financially, and up to least partly created by a person’s irregular or
one-third experienced deprivation. Migrant precarious migration status.
workers were found to be concentrated
14 See the EU’s 2016 Action Plan on the Integration of Third-country Nationals.
15 European Commission (2020). Action plan on Integration and Inclusion 2021-2027. Available at https://ec.europa.eu/home-affairs/
sites/homeaffairs/files/pdf/action_plan_on_integration_and_inclusion_2021-2027.pdf.
16 See https://www.mrci.ie/app/uploads/2020/02/MRCI-All-Work-and-Low-Pay.pdf.
12THE RIGHT TO WORK
In July 2018, Ireland opted into the EU themselves and their families outside of the
(recast) Reception Conditions Directive 17 State’s directly provided services and supports”.
which provides minimum standards that all She also noted that access to employment
EU countries must adhere to in the reception “helps people to plan and prepare for their
of protection applicants. The decision to opt future if they receive a positive decision on their
in followed a Supreme Court declaration in application for international protection.” 20
February 2018 that found Ireland’s ban on
employment was unconstitutional. The Supreme Protection applicants’ permission to work,
Court case was taken by a Burmese national referred to as Labour Market Access Permission
who had spent eight years living in Direct (LMAP), can be renewed if the holder has not
Provision. The Directive obliges Member States received a final decision 21 on their international
to grant protection applicants access to the protection application. In other words, once a
labour market no later than nine months after person has been granted permission to work,
lodging a protection claim. The Irish government that permission lasts throughout any
opted to only grant access to people who have subsequent appeal process. However, if a
been waiting more than nine months for a first person has already received a first instance
instance decision, and to restrict the permission decision, they cannot access the labour market,
to a six-month, renewable period. However, regardless of how long they have been waiting
IHREC have noted that the short term nature for a resolution to an appeal. This means that
of thework permits act as a barrier to finding protection applicants who had been in Ireland
employment, and particularly in accessing for a long time and who had already received
professional or skill-based jobs for which a first instance decision are not permitted to
protection applicants would otherwise be work.
qualified 18.
While the right to work for people still in the
In January 2021 the Minister for Justice and international protection process consists
Equality reduced the waiting time before of permission to be self-employed or to be
applying for permission to work to six months, employed in most sectors of the economy,
and extended applicants’ permission to work there is an absolute ban on employment in
to 12 months 19. In doing so, the Minister public bodies such as the Civil Service, Local
recognised the importance of giving protection Authorities, or companies/entities that
applicants the opportunity to work earlier, are majority owned by the Government or
saying it would “help even more people to established by way of legislation 22.
integrate into Irish society while providing for
17 Directive 2013/33/EU of the European Parliament and of the Council. Available from https://ec.europa.eu/home-affairs/what-we-
do/policies/asylum/reception-conditions_en.
18 See the IHREC submission to DCEDIY on its preparation of the White Paper on a new international protection accommodation
policy. Available at https://www.ihrec.ie/app/uploads/2020/12/IHREC-White-Paper-Submission-Direct-Provision.pdf.
19 See http://www.inis.gov.ie/en/inis/pages/labour-market-access.
20 Ibid.
13While all EU member states with the exception Akari (2019) notes that there is a tendency
of Lithuania allow protection applicants to work, in some EU member states of only offering
the length of time before they can access the employment support to protection applicants
labour market varies. In France for example, that the authorities think are likely to get status
access to the labour market is allowed if a ruling (principally on the basis of their nationality)
has not been made on the protection application thereby creating a hierarchy between
within six months after the lodging it, and only if protection applicants. In Germany, for example,
this delay cannot be attributed to the applicant. protection applicants from countries that
In Belgium, protection applicants may have are considered safe countries of origin are
access to the labour market four months after obliged to stay in initial reception centres for
lodging their protection application if they have the whole duration of their procedure. And
not yet received a first instance decision. They since protection applicants are barred from
are then permitted to work in all sectors and for access to the labour market as long as they are
any employer, and can register as job seekers at obliged to stay in an initial reception centre,
the regional office for employment. This grants these provisions mean that they are effectively
them access to a free assistance programme and excluded from employment for the duration of
vocational training. their stay there.
Nonetheless, even with supportive legislation In Ireland, protection applicants must apply
in place, it is still very difficult for protection to the Immigration Service Delivery (ISD) 24
applicants to enter the labour force in Belgium. for permission to work. If their application
According to the European Council on Refugees is successful they are issued with a letter
and Exiles (ECRE) 2018 report for the Asylum indicating that they can take up employment.
Information Database (AIDA) 23, this is due to Once they begin working, their employer must
the provisional and precarious residence status, complete a declaration form with details of
the very limited knowledge of the national the person’s permission to work, the duration
languages, the fact that many foreign diplomas of employment, and remuneration paid.
are not considered equivalent to national Organisations providing support to protection
diplomas, and high discrimination in the labour applicants routinely receive reports of
market. employers not accepting or being suspicious
about the work permit, as it is currently in
In Sweden, protection applicants are permitted the form of a letter. There are also reports of
to work immediately after arrival until a decision employers being unwilling to employ protection
is made on their application. This is done by applicants, particularly in higher paid positions,
exempting them from the need for a work because of the time restriction on the work
permit. In order to obtain the exemption, they permit.
just need to have identity documents or proof of
identity.
21 A final decision occurs when a protection applicant has completed all appeal procedures.
22 From the Asylum Information Database (AIDA) managed by the European Council on Refugees and Exiles (ECRE) at https://
asylumineurope.org/reports/country/republic-ireland/reception-conditions/employment-and-education/access-labour-market/.
23 AIDA, Country Report: Belgium, March 2019. Available at: https://asylumineurope.org/wp-content/uploads/2019/04/report-
download_aida_be_2018update.pdf.
24 Formerly the Irish Naturalisation and Immigration Service (INIS)
14When it comes to getting work, protection recognition of protection applicants’ right to
applicants also face other significant work 26.
administrative barriers. The first is a difficulty
opening bank accounts. The reason given by Prior to the introduction of the right to work
banks is usually lack of satisfactory identity for protection applicants, IHREC argued
documents to meet anti-money laundering that while states are entitled to ‘decide the
requirements. However in a letter sent to conditions for granting access to the labour
Banking & Payments Federation Ireland (BPFI) market’ under Article 15.2 of the EU (recast)
in January 2021 IHREC stated that protection Reception Conditions Directive, it also provides
applicants should be allowed to open an account that states ensure “effective access” to the
using their Temporary Residence Certificate labour market for protection applicants 27. The
(TRC) for identification 25. This is an essential imposition of legislative and administrative
requirement for protection applicants intending barriers impedes effective access to the labour
to work as employers typically only pay salaries market. As IHREC noted 28, concerns regarding
into bank accounts for tax compliance reasons. the potential impact of restrictions on effective
access have also been raised by the UNHCR
A further barrier for many protection applicants in its guidance notes on transposition and
trying to get work, particularly those living in implementation of the Directive. Furthermore
remote Direct Provision centres, is that they the UNCHR and IHREC both raise concerns that
are not allowed to apply for driving licenses. In discriminatory practices may not be in keeping
2019, the Workplace Relations Commission with states’ obligations under the 1951 Refugee
found that the refusal to grant a learner driver Convention, or Article 6 of the ICESCR.
permit to a protection applicant constitutes
indirect discrimination. However the Road In light of the particular vulnerabilities in the
Safety Authority appealed that decision and it workplace faced by migrants, IHREC conclude
was overturned by the Circuit Court in Dublin that effective safeguards against discrimination
in July 2020. Denying protection applicants the are important in ensuring effective access to the
opportunity to drive limits their ability to take labour market for protection applicants 29.
up work or to become involved in other aspects
of social and economic life in Ireland. By July 2020, work permits had been granted
to 5,109 protection applicants. Employers
Following the announcement in January 2021 reported employing 2,539 applicants for
that protection applicants could apply to access international protection i.e. less than 50%
the labour market after six months rather of those who had permission to work 30.
than waiting nine months, IHREC warned that This highlights the difficulty that protection
discriminatory barriers such as accessing a applicants have getting employment.
driving licence and opening a bank account
continue to undermine the Supreme Court’s
25 See ‘Asylum seekers legally entitled to open bank accounts, IHREC says’, Irish Times, January 8, 2021. Online at
https://www.irishtimes.com/news/social-affairs/asylum-seekers-legally-entitled-to-open-bank-accounts-ihrec-says-1.4453521.
26 See https://www.irishtimes.com/news/social-affairs/asylum-seekers-face-almost-18-month-wait-for-decision- IHREC (2018) ‘on-
requests-1.4470495.
27 Access to the labour market for applicants for international protection’. March 2018. Available at https://www.ihrec.ie/documents/
access-to-the-labour-market-for-applicants-for-international-protection/.
28 Ibid.
15In its report, the Day Advisory Group noted that social (public) housing or in the private rental
applicants for international protection can make market. To do so they can avail of the Housing
an important economic contribution to Ireland Assistance Payment (HAP), which is intended
and that their health and wellbeing can also as a form of social housing support for people
benefit from being able to take up employment. who have a long-term housing need. However,
This is supported by numerous reports the difficulties faced in finding a house within a
indicating that lack of access to the labour suitable price range, coupled with the reluctance
market not only damages the psychological, of some landlords to accept HAP payments
economic and social situation of protection (even though it is illegal to discriminate against
applicants, it is also likely to lead to the loss and/ people on rent subsidy under the Equal Status
or squandering of skills and competences that Acts 2000-2015) and the preference for
are needed in the labour market. In addition tenants who are working, means that protection
it leads to increased risks of depression, applicants feel compelled to accept any work
anger and frustration due to inactive waiting that becomes available while still in Direct
periods; exclusion from cultural and social life; Provision. Without a rental history or references
prevention of personal development; as well to provide to landlords, they are seen as a less
as dependence on State funding that could be attractive prospect as tenants.
reduced if protection applicants were more
economically independent 31. The Day Advisory For people with refugee status, subsidiary
Group thus recommended that the right to work protection or permission to remain, the need to
be extended to any applicant for protection apply in person at a registration office to renew
who has not received a final decision on their their immigration permission presents further
application within three months of making it. ongoing uncertainty and difficulties. These
They also recommended that the employment have been exacerbated by the Coronavirus
permission stamp provided to an international pandemic. The government made a succession
protection applicant should be equivalent to the of announcements that immigration and
stamps granted to other non-EU nationals 32. international protection permissions that
were due to expire would be automatically
Protection applicants who have been granted extended, but there are indications that the
international protection (refugee status or lack of visible evidence of a valid status has
subsidiary protection) or permission to remain presented problems for some people seeking
have the same right to live and work in Ireland work or renewing contracts. The introduction
as Irish citizens. However, in order to fully of an online registration renewal system in
realise these rights they must first contend Dublin helped, but administrative problems
with a range of interrelated issues associated compounded the challenges faced, particularly
with moving out of Direct Provision, including for people in precarious employment.
housing, social welfare and employment.
They must find somewhere to live, either in
29 Ibid.
30 From Day Advisory Group report
31 See for example Akari (2019)
32 A registration certificate called the Irish Residence Permit (IRP) is provided to indicate the type of permission to stay in Ireland that
an individual has.
16LABOUR MARKET ACCESS SUPPORTS FOR
PROTECTION APPLICANTS
There are a range of employment schemes and Allowance, One-Parent Family Payment,
supports operated by the Department of Social Disability Allowance and Supplementary
Protection to assist long-term unemployed Welfare Allowance. They are therefore available
people to return to work in Ireland. These are to people who have refugee status, subsidiary
listed in table 1. They are aimed at people who protection or leave to remain. However the
have been unemployed or in receipt of other qualifying social payments do not include the
social welfare payments for a specific period of Daily Expenses Allowance paid to protection
time. The qualifying payments for the schemes applicants living in Direct Provision. This means
and supports typically include some or all of that they are not available to them.
the following: Jobseeker’s Benefit, Jobseeker’s
PROGRAMME ELIGIBILITY
Community Designed to help people who are long-term unemployed (or otherwise
Employment (CE) disadvantaged) to get back to work by offering part-time and temporary
Programme placements in jobs based within local communities.
Tús A community work placement scheme providing short-term working
opportunities for unemployed people. The work opportunities are
provided by community and voluntary organisations. For people who
unemployed for a minimum of 12 months and in receipt of Jobseekers
Allowance or Jobseekers Benefit for the duration.
JobsPlus An employer incentive to employ job seekers. It is designed to encourage
employers and businesses to employ people who have been out of work
for long periods. People with refugee status who are getting Jobseekers
Allowance are eligible (no qualifying period applies).
Youth Employment Supports long-term unemployed young people between the ages of 18
Support Scheme (YESS) and 24 who have been unemployed for at least 12 months back into
the workplace. Provides the opportunity to learn basic work and social
skills in a supportive environment, while on a work placement in a host
organisation
Part-Time Job Incentive Allows certain people getting Jobseeker’s Allowance to take up part-time
(PTJI) Scheme work and get a special weekly allowance instead of their jobseeker’s
payment.
Community Services Supports community businesses to provide local services and create
Programme (CSP) employment opportunities for disadvantaged people. It provides
financial support to help with the cost of hiring staff to community
companies and co-operatives.
17Back to Work Scheme to encourage people on Jobseeker’s Benefit or Jobseeker’s
Enterprise Allowance Allowance continuously for at least 9 months to become self-employed.
(BTWEA)
Short-Term Enterprise Provides support to people who have lost their job and want to start
Allowance their own business. To qualify one must be getting Jobseeker’s Benefit.
There is no qualifying period.
JobPath An employment activation programme that is intended to help long-term
unemployed people to find and retain full-time employment. Operated in
specific parts of the country only.
Table 1: Employment Support Schemes, Supports and Incentives
The Department of Social Protection also • Jobs Ireland website lists jobs available in
provide a range of employment services to non- Ireland and abroad. It also lists internships
EEA (European Economic Area) nationals. These and employment programme vacancies.
are available through local Intreo
Centres 33 or Social Welfare Branch Offices. • Job Clubs provide supports for jobseekers
In principle, any protection applicant with a including a ‘drop in’ service and formal
Personal Public Services (PPS) number can workshops.
register for these employment services 34:
The Department of Education offer a range of
• Training Support Grant (TSG) this is designed education and training programmes for people
to fund quick access to short term training who are leaving school, unemployed, looking
or related interventions, obtain or renew for their first job, or hoping to change direction
certification and permits for individual in their career. These are funded by SOLAS 35,
jobseekers that have identified work the Education and Training Boards (ETBs) 36 and
opportunities or where case officers have various government departments and agencies.
identified an immediate skills gap that They include:
represents an obstacle to taking up a job
offer. • Post Leaving Certificate (PLC) courses:
protection applicants with permission to
• A Jobseeker information booklet that gives work are entitled to free tuition on these.
practical advice on CVs, job application
letters, interviews, recruitment channels • Back to Education Programme: this provides
and summarises the employment and training an opportunity for people in receipt of certain
supports that may help you in your job search. social welfare payments to return to part-
33 Intreo is a single point of contact for all employment and income supports. Their offices offer practical, tailored employment
services and supports for jobseekers and employers.
34 For more information on these see https://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/unemployed_
people/employment_supports.html.
35 SOLAS was established to develop and give strategic direction to the Further Education and Training Sector in Ireland.
36 There are 16 ETBs across Ireland. For a full list see https://www.etbi.ie/etbs/directory-of-etbs.
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