ПРАВНИ ПОЛОЖАЈ СТРАНИХ РАДНИКА ПРЕМА ЗАКОНОДАВСТВУ ЗАПАДНОЕВРОПСКИХ ЗЕМАЉА И САД
LEGAL STATUS OF FOREIGN WORKERS ACCORDING TO THE LEGISLATION OF THE COUNTRIES OF WESTERN EUROPE AND THE USA

Summary/Abstract: The latest legislations of the developed Western countries (the FR of Germany, France, Switzerland, Belgium, Sweden, and the USA) covering the leglal status of alien workers are characterized by a restrictive approach. Limiting the entry and employment is effected by the request to obtain a permit of sojourn, which also may be restricted to an area of the country (case of Switzerland). In addition, a work permit is necessary which can be issued only after providing evidence of obtaining a work contract. The protection of domestic labour is effected (in the USA and Switzerland) also by the system of quotas, or preferences — in the USA 20% of the immigrant visas is based on employment. Following are the grounds for refusing the work permit: public order or public safety, failure to comply with compensation and other requirement (Belgium), lack of knowledge of the language (Sweden), jobs only for domestic citizens (Belgium, France), lack of agreement by the employers’ association, namely trade union (Sweden). A problem is also with illegal workers, in spite of applied sanctions, which is coupled by the problem of uneployment among alien workers (in Sweden it is more than twice higher than that of domestic workers). There is also a tendency in applyng measures of integration and assimilation of alien workers and members of their families, and they relate to the security of employment, prohibition of ethnic discrimination, facilities for children of alien workers having a legal domicile in the domestic land, and the like.

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