Implications of labour migration on the European labour market – labour law aspects

During the 21st century, migrations have become increasingly intense, since they are often planned with a specific goal and could cause major social changes. Unfortunately, since there is no definition of the term ‘migrant’, countries face a particular challenge in protecting migrant workers’ right to work. The International Labour Organization, the Council of Europe, and the European Union have made significant contributions to establishing and developing the migrant worker protection system. At the national level, governments and trade unions contribute to migrant workers’ protection by adopting laws to control migrations. However, with many social, political, and economic factors at play, countries can’t always control immigration within their own territory. The author’s hypothesis is that the position of migrant workers depends significantly on the host country’s immigration and labour policies. The paper concludes that the application of general provisions prescribed at the international level cannot and does not fully protect the rights of migrant workers. Given this, it is not surprising that certain countries and trade unions have begun to protect their interests by adopting legal regulations to manage migration within their territory. The paper identifies the fear that labour migration will negatively affect trade unions’ image in those countries where trade unions are weak and disjointed, without real power to influence decision-makers. Finally, when analysing the position of migrant workers in the Republic of Serbia, the author points that the motives for labour force emigration from Serbia are extremely strong, so even if certain changes were to be made to labour conditions, there would be no reduction in emigration. This is because workers’ motives for emigration go beyond mere dissatisfaction with labour conditions, but are rather linked to their general dissatisfaction with the quality of life in Serbia. Keywords International Labour Organisation, migrant worker, trade union, country of origin, labour market