Tools for regulating labour migration

All countries of the world actively influence the processes of export and import of labor. The goal of interstate migration policy is to maximize the positive effects of international migration, minimizing the negative consequences of this phenomenon, both for donor countries and for recipient countries.

The mechanism of national and international regulation of labor migration includes a set of the following instruments:

the establishment of appropriate State institutions; regulatory and legal regulators of import-export of labor; international agreements (bilateral and multilateral agreements); qualitative requirements for foreign labor (certificate of education, work experience in the specialty); direct quotas and indirect regulation of labour imports; regulation based on economic criteria; administrative measures to ensure the import of labour; economic assistance to regions of mass emigration; formation of emigration climate; currency and banking policy (benefits on foreign currency deposits, opening of foreign branches of domestic banks, use of foreign banks); financial policy; investment and tax policy; customs policy, etc.

At the international level, several organizations have been established to streamline migration processes.

The International Labour Organization (ILO) was established in 1919 and became a specialized agency of the United Nations in 1946. The ILO adopts conventions and recommendations that set labour standards in the areas of wages, working hours, holidays and labour protection. 172 conventions and 181 recommendations have been adopted.

The international organization for migration (IOM), organized in 1949, the main functions of IOM are: the implementation of orderly and planned migration of citizens, the organization of the movement of refugees, the prevention of “brain drain”, consultations on migration issues. IOM is not a member of UN agencies, but works closely together.

The SOPEMI Continuous Migration Monitoring System coordinates the activities of national immigration offices (established by OECD member countries). Intergovernmental agreements on the employment of foreign labour stipulate the conditions of stay of migrants in the host country, the observance of which is designed to protect the interests of migrants.

The legal basis for the activities of the state bodies of the Republic of Belarus in the field of migration, first of all, is the Constitution of the Republic of Belarus, as well as the laws “On the legal status of foreign citizens and stateless persons in the Republic of Belarus” (1993), “On citizenship of the Republic of Belarus” (1991), “On refugees” (1995),
These legal acts regulate the procedure for state control mainly over the legal movement of the population, the entry of citizens and stateless persons into the territory of the Republic of Belarus and departure from its borders. The functions of regulation and control are entrusted to the Committee on Migration under the Ministry of Labor. In order to coordinate the efforts of public administration bodies involved in solving migration problems, a national migration programme for 2001-2005 has been developed.

To create a framework for regulated migration, coordinated strategies are applied at the bilateral level through the conclusion of intergovernmental agreements on labor activity and social protection of citizens. Belarus has concluded intergovernmental agreements on temporary employment and social protection of citizens working outside its States with the Russian Federation, the Republic of Moldova, Ukraine, the Republic of Poland, the Republic of Lithuania, the Republic of Kazakhstan and the Republic of Armenia. Agreements with Yugoslavia, Armenia, Mongolia and China are at various stages of development.

The agreements ensure respect for the rights and legitimate interests of migrant workers, equal pay for their work with citizens of the State of employment, payment of benefits and compensation in the event of early termination of an employment contract (contract), as well as in the event of injury, occupational disease or other damage to health related to the performance of work duties. The agreements provide for the procedure and conditions for state insurance, medical care, travel expenses, as well as measures to regulate the import and export of personal property, tools and equipment, the payment of taxes and the transfer of funds.