Why are migrants not protected from scams?

2019 | 03 | 06 414

According to opinion polls by Rating agency, 35% of Ukrainian citizens officially work abroad. At the same time, every fifth person, on his own back, experiences what fraud and frauds are like when filing documents for employment. Sadly, every third migrant worker faced deception about the working and living conditions. Of even greater concern is the fact of human trafficking cases - such information was voiced by experts of the International Organization for Migration.

According to the press secretary of this organization, more than 20% of migrant workers would give their consent to illegal border crossing, could give their passport. For these reasons, the workers living in slaves fall into the trap - labor slavery. The most common rights violations are illegal registration. And in most cases, Ukrainians who went to work in Polish companies think that they are employed according to the law - officially.

As the reviews show, the mediator tells the employee that he will be officially employed. But in fact, it turns out that the registration of Ukrainians is not on a labor contract, but on a civil law document. This means that employees are not employees of the enterprise, but only provide services. From a legal point of view, such work is not regulated by law, and the employee cannot rely on protection if his labor rights have been violated.

How are things today?

Unfortunately, Ukraine has not developed a legislative framework to protect the interests of migrants. In addition, Ukrainians who went to work, simply have nowhere to go. One recent example is evidence of this. In the capital of Poland, the foreign workers went on strike and appealed to our Consulate in Poland. The representative of the consulate demanded to stop the protest, otherwise its participants would be deported from a European country.

Almost 97% of Ukrainians who went to work in Poland are not protected from a legal point of view. Yes, foreign workers have rights, but, as practical experience shows, there is no possibility to use them. It is not surprising that half of them work on an unofficial basis, while another part of Ukrainians work on the basis of concluded civil law contracts. As mentioned above, according to such a document, a labor migrant is not an employee of an enterprise, but only a person who provides services on a temporary basis.

To control and monitor the dynamics of labor flows, the Employment Service of Ukraine has proposed to introduce a “migrant worker card”. As the deputy head of the Employment Service said, this document will enable the employee to feel legally protected while being away from his homeland. In order not to fall for the tricks of fraudsters, competent experts in the field of labor migration recommend that Ukrainians check the intermediary company for the presence of its official license to operate. You can find out on the website of the Ministry of Social Policy, following the link - https://www.msp.gov.ua/content/trudova-migraciya.html.

How to avoid becoming a victim of scammers: precautions


How, even before going abroad, check the legality of the activity of an intermediary, so as not to fall into the “trap” of fraudsters and not feel hostage to the situation far from the homeland? Studying a wide variety of lucrative and legal job offers abroad, you may be faced with deception. You can check whether the intermediary and the employer provide legal services or not, based on the following main features;

There is no license for the provision of labor migration services from the Ministry of Social Policy.
Choosing an intermediary for employment abroad, organize a check on whether it has a permissive document from the Ministry of Social Policy of Ukraine. A list of organizations that cooperate with official employers and are authorized to this type of activity can be found on the website of the Ministry of Social Policy - https://www.msp.gov.ua/content/trudova-migraciya.html.

In total in Ukraine there are more than 900 intermediaries cooperating with official employers abroad. The legality of their activities is confirmed by the presence of a license. In addition, it would not be superfluous to arrange an inspection of the intermediary company for the presence of several more documents: certificates of state registration and a contract with the company acting as an employer.

Prepayment for employment services
In accordance with the decree of the Cabinet of Ministers of December 16, 2015, intermediaries are not entitled to take an advance payment for their services. Mediation assistance is paid by the client only after signing a labor contract with a foreign employer. If the mediator requires prepayment for consulting services, checking, sending documents is a direct indication that you are being deceived. This can be easily determined without additional verification.

Registration on a non-work visa
Work abroad should go exclusively with an official work visa. Arrange a check: if you are issued on a tourist or any other visa - this is a sign of illegal employment.

Do not tell the details of the work
If you are looking for a vacancy via the Internet abroad and provide vague, non-specific data about the employer - this is a sign of scammers. Act decisively, arrange your audit - find out the name of the employer's company, its address, business profile, your future responsibilities.

If the intermediary did not pass such a test and did not respond specifically to questions, feel free to refuse his services. Legal intermediary companies and without verification provide the client with full information about the employer, the cost of living, salary, medical insurance, answer other questions about the employer.

The mediator is not interested in work experience.
Fraudsters are almost never or very little interested in the professional level and skills of a person who is looking for work abroad. Agree, if the intermediary is interested, so that the employer is satisfied with the employee, his labor skills and work experience must be checked. Fraudsters are interested in attracting as many customers as possible - there’s no time for verification.

Labor contract management schemes
Before you sign a contract with an employer, arrange for it to be thoroughly checked. Slowly read the contract, and in case of misunderstanding of certain points, seek legal assistance for clarification.

Naturally, the contract must be translated into Ukrainian. Also, in any case, do not put your signature on a clean sheet. This and without any verification indicates that the company and the employer are fraudsters. Such references to working conditions as “the performance of other works as directed by the employing company” should also be alerted.

The promise of the "golden mountains"
A sign of fraudulent activity of an intermediary firm and an employer is a promise of a larger salary if you are employed informally. Unfortunately, in such a situation, many workers are clogging up with common sense and checking the employer for honesty, so they take this risk. As a result, fall into the hands of scammers.

According to experts on employment abroad, the first job must be official, even without a super-high salary. As the experience of most miners shows, more promising job offers can be found already working abroad. Just do not forget to check the employer for the legality of his work, as in the first employment.

Watch your passport
Under no persuasion or argument, do not give either the intermediary or the employer the original passport. If they require this document, do not trust. Without any verification it is clear, before you are scammers. When making documentation for work abroad, you need a copy of your passport, and its original is watched by border guards when you cross the border point.

In order not to encounter similar schemes of fraud when looking for work and finding employment far from the homeland, or at least minimizing their consequences, listen to the following advice. As soon as you arrive at the place of work, in the very first days, register with the Ukrainian Consulate in the host country. Personally visit the Consulate, fill in the necessary papers. So you will have an iron base to ask for protection in case of violation of your rights in a foreign country.

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