Print
See related documents
Resolution 1994 (2014) Final version
Refugees and the right to work
1. The right to work is a fundamental
right, well established in international law, without which other
rights are often meaningless. It is essential for exercising other
human rights and preserving human dignity; it enables individuals
and their families to maintain livelihoods and receive income, and
contributes to their development and recognition in the community.
2. For asylum seekers and refugees (including those with subsidiary
protection) the right to work is particularly important as it can
enhance their sense of dignity, self-respect and self-worth, and
brings with it independence and financial self-sufficiency. Employment
is also, more broadly, a crucial facet of integration and can help
them recover from often traumatic experiences.
3. Granting these people the right to work and enabling their
access to the labour market is also beneficial to the societies
in which they live and, where appropriate, the societies to which
they return. The majority of these people are of working age and
bring knowledge, skills and training with them. Allowing and enabling
them to work reduces the likelihood of them taking up informal employment
or becoming dependent on State support.
4. The right to work is granted in numerous international and
regional legal instruments, including the European Social Charter
(ETS No. 35). While the right to work for refugees is granted under
the 1951 United Nations Convention on the Status of Refugees, the
right to work for asylum seekers is usually only provided for after
a certain period of time. Under the European Union’s Directive (2013/33/EU)
laying down standards for the reception of applicants for international
protection (recast), member States must grant the right to work to
asylum seekers after nine months of waiting for a decision on their
protection.
5. Among member States of the Council of Europe, it is common
practice to grant the right to work to refugees. Asylum seekers
are usually also granted the right to work, although not immediately
and often with restrictions such as secondary access to the labour
market after other migrants and nationals.
6. Many barriers exist, however, which prevent refugees and asylum
seekers from taking full advantage of the right to work. These include
problems linked to insufficient language skills, lack of knowledge
of the labour market, lack of training and work experience, and
problems related to the recognition of qualifications and experience.
7. It makes sound economic and social sense to allow asylum seekers
to work and to provide refugees with access to the labour market.
The cost to the State will clearly be less if asylum seekers and
refugees are employed rather than dependent on State support. Employment
also contributes to a more cohesive society by encouraging and improving
contacts between refugees, asylum seekers and the local community.
8. The Parliamentary Assembly considers that, taking into account
international obligations and the existing European legal framework,
member States should do more to ensure that refugees – including
people with subsidiary protection – and asylum seekers gain access
to and are better integrated into the labour market. More specifically,
the Assembly recommends that member States:
8.1. remove all legal and administrative barriers which prevent
refugees from having full access to the labour market and ensure
that they enjoy the right to work, including by removing restrictions
such as the need for a work permit, onerous bureaucratic procedures
and secondary access to the labour market after nationals;
8.2. speed up asylum procedures and provide asylum seekers
with access to the labour market pending the outcome of a decision
on their status, taking into account that this will benefit the
asylum seeker, the host country or country of return at the end
of the process;
8.3. develop policies and dedicate resources to support individuals
in the transition from the asylum system to mainstream integration
services. This should include providing language classes (general
and vocational), work experience, vocational training, classes to
develop knowledge of the labour market and on how to apply for jobs,
and individualised employment “plans of action”;
8.4. simplify procedures for the recognition and certification
of foreign qualifications and experience;
8.5. work with employers’ associations and employers, trade
unions and the private and voluntary sector to develop placement
programmes for refugees and asylum seekers which can help them become
established in the labour market and become self-sufficient and
financially independent;
8.6. encourage the diversification of employment opportunities
for refugees by, for example, providing support for enterprise initiatives;
8.7. encourage more research and monitoring regarding the needs
of refugees and asylum seekers in member States’ labour markets
to better understand the gap in employment rates between refugees, other
migrants and nationals, and to develop policies to close this gap;
8.8. share examples of good practice and experience in the
integration of refugees and asylum seekers into the labour market
with other countries.