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International Law related to Immigration and HR

INTRODUCTION
Immigration Law refers to national government policies which control the
phenomenon of immigration to their country. Immigration Law, regarding foreign
citizens, is related to nationality law, which governs the legal status of people, in matters
such as citizenship. Immigration laws vary from country to country, as well as according
to the political climate of the times, as sentiments may sway from the widely inclusive to
the deeply inclusive. Immigration law regarding the citizens of a country is regulated by
international law. Immigration law regarding the citizens of a country is regulated by
international law. The United Nations International Covenant on Civil and Political
Rights mandates that all country/countries allow entry to its own citizens.
Certain countries may maintain rather strict laws which regulate the right of entry
and internal rights once established: such as the duration of stay, the right to participate in
government. Most countries have laws which designate a process for naturalization, by
which immigrants may become citizens.
The number of migrants in the world has more than doubled in one generation to
reach 175 million people.
Many migrants have economic reasons to move. Many are in search of better
socio-economic perspectives and seek to work abroad. Others face extreme economic
vulnerability in their home country and see no choice but migrating to survive. Some
work legally while others have no work permit and are employed in the shadow
economy.
Migrants move not only for themselves but also for their families: they send
money back home, thereby enabling their relatives to live better lives. Migrant sending
countries are also interested in these remittances, which play a key-role in their economy.
In Morocco, for example, the amount of money sent via remittances represents 66 per
cent of total financial inflows in the country and nearly ten per cent of the country’s
GDP.
Other migrants move because of political circumstances. They flee war, civil
strife, ethnic conflict, violations of human rights or other circumstances. Some are
recognized as refugees straight away, often in neighboring countries. Others become
asylum-seekers. Asylum-seekers and refugees are not always entitled to work, but many
work illegally.
The distinction between migrant workers and refugees is not always clear.
Asylum-seekers may be ‘economic refugees’ because they flee economic
precariousness rather than political circumstances. Migrants are sometimes incited to
present themselves as asylum-seekers because they have no other possibility of legally
entering a country. On the other hand, other migrants are in refugee-like situations but
prefer to cross borders as migrant workers to avoid suspicion.
The Convention only applies to migrant workers and not to refugees, whose
situation is handled by the 1951 Geneva Convention relating to the status of refugees.
However, the complexity of contemporary migratory flows challenges this distinction.
Receiving countries may have reasons to welcome migrants as well. Their presence and
labor are needed because of shortages in the labor force and of native workers’ reluctance
to perform specific jobs: this particularly concerns the so-called 3D jobs (dirty,
demanding and dangerous), such as those in the construction sector or in domestic
services, which are performed by migrants throughout the world.
Most industrialized countries are therefore economically dependant on migrants.
In countries such as Switzerland and Australia, migrants represent nearly 25 per cent of
the labor force, and this percentage climbs to 74 per cent for the United Arab Emirates.
Migrants are therefore pushed to leave their country and pulled towards countries that
need them. Because of the combination of both push and pull factors, migration is likely
to continue, despite the growing restrictions put on human mobility.
Migration is global and migrants move from anywhere in the world to almost
anywhere else. The largest of origin in the last decades have been countries such as
Mexico, the Philippines and Bangladesh.
The largest receiving countries have been Western countries (in North America,
Australia and Western Europe) and other countries (such as the Gulf or Japan). Transition
and less developed countries (such as Russia, India or Ivory Coast) also receive many
migrants. Some states are both sending and receiving countries: for example, many
Mexicans live abroad while Mexico is a host country to migrants coming from Central
America.
Migrants do not always move from the developing world to developing countries.
55 per cent of migrants live in North America and Western Europe and the remaining 45
per cent in the rest of the world. The same applies to refugees: less than a third of
refugees worldwide live in North America or Europe; 70 per cent of them live in less
developed countries.
International migration is thus not only a South-North, but also a South-South
process. It is a multidirectional phenomenon in which many countries are both
emigration and immigration countries at the same time.
Migrants all share a common characteristic: they live and work in a country of
which they are not citizens. They therefore face the challenge of adapting to a society that
is not their own and that may reject them. Moreover, as non-citizens, they usually have
fewer rights than the native population. They suffer directly fro the widespread idea that
migrants are not entitled to the full protection of human rights laws: this is a
fundamentally misguided idea from a human rights perspective but it contributes to
migrants’ difficult access to social protection and welfare.
Moreover, migrants do not always enjoy the protection provided by specific
institutions or legal provisions. For example, workers’ rights are defended by unions, but
these do not always include migrant workers in their activities.
Similarly, women and children have been recognized as vulnerable groups and
have benefited from several forms of legal protection, including UN conventions such as
the Convention on the Elimination of All forms of Discrimination against Women and
the Convention on the Rights of the Child. Both of these conventions have been more
widely rarified; this is not the case for the Convention on migrants.
Migrants are therefore a high vulnerable group. They often suffer from several
forms of exploitation and from serious abuses of human rights and dignity.
Being in one way or another perceived as ‘different’, they often encounter
hostility: they are sometimes used as scapegoats and may face racism and xenophobic
violence. The Convention constitutes an answer to this vulnerability.

INTERNATIONAL MIGRATION LAW AND ILO

The International Migration Law and Legal Affairs Department has been
established to streamline and strengthen International Migration Law (IML). The
objective of the Department is to increase awareness and knowledge on IML and
contribute to a better understanding of the legal instruments that govern migration at the
national, regional and international level.
The ILO is the only United Nations agency with a constitutional mandate to
protect migrant workers, and this mandate has been re-affirmed by the 1944 Declaration
of Philadelphia and the 1998 ILO Declaration on Fundamental Principles and Rights at
work. It has been dealing with labor migration issues since its inception in 1919. It has
pioneered international conventions to guide migration policy and protection of migrant
workers.
All major sectors of the ILO – standards, employment, social protection and
social dialogue – work on labor migration within its overarching framework of ‘decent
work for all’. ILO adopts a rights-based approach to labor migration and promotes
tripartite participation (governments, employers and workers) in migration policy.

IMMIGRATION LAW IN UK

British Overseas Citizens have identical legal rights to British citizens –


distinguished only in title. British citizenship can be obtained as a right for anybody who
was born in Britain, or British overseas territory.
It is also available as of right for people of whom one parent is a “British (or
British Overseas) citizen otherwise than by descent”. EU citizens, as created by the
Treaty of Rome Act 17 have the right to work, provide services or self employment in the
UK.

IMMIGRATION LAW IN THE USA


Immigration law is a serious political issue in the USA, as the nation heads
towards its 2008 Presidential Elections. Of particular relevance to the debate on
immigration is the fact that, due to a backlog in processing immigration applications by
United States Citizenship and Immigration Services (USCIS), many would-be citizens
will be ineligible to vote in the 2008 Presidential Campaign.

Immigration and Nationality Act (INA)


This is the most important and relevant federal law that governs US immigration.
This immigration law covers all the federal rules and regulations related to the rights and
duties of foreign nationals in America. This law determines whether or not a person is
eligible for immigrant status as well as deportation status of illegal aliens.
The INA was enacted in 1952, and since then has been modified a number of
times. Some changes have been regulatory changes, whereas some have come about as a
result of changing governments.
Under the US immigration laws, a person is eligible to receive immigration status,
under the following circumstances:
Work opportunity: If a person has certain skills that are in demand in the US and a firm
or company wishes to hire such a person, then he can be granted immigration status. US
law provides for five categories of permanent employment based immigration, and a
person wishing to receive work-based immigration should be eligible under on of the five
categories. The employer is required to submit a labor certification request and a visa
petition so that the employee can receive immigration.
Capital Investment: If a person makes a sizeable capital investment in the United States,
then he may be granted immigrant status. But this investment has to be beneficial to the
US economy and should create a lot of job opportunities for the citizens. Although it
must be noted that immigration under this circumstance is very rare and may or may not
be granted.
Family Reunification: A person can also be granted immigrant status if he has family
members who are American citizens. But not all relatives are eligible under this rule,
which mostly applies to immediate family members such as parents, spouses, and
children. A petition has to be filed by the relative and proof of relation has to be
submitted. This petition then needs to be approved by the Immigration services Bureau
before immigrant status can be granted.
Refugees: US immigration laws also provide for granting immigrant status to refugees. A
person has to have faced persecution on the basis of caste, religion, nationality, or
political view in his home country to qualify as a refugee. He then has to undergo
medical and legal scrutiny, after which he may or may not be granted US asylum.
Lottery System: US have a diversity lottery process whereby it grants immigrant status to
people from countries that have a low immigration rate to the US. It chooses 110,000
applications but grants only 50,000 visas in a fiscal year. Any country that has 50,000 or
more immigrants to the US in the last five years is not eligible under the system.

IMMIGRATION ATTORNEYS
Any person who wishes to apply for US immigration needs to complete a lot of
formalities. They have to apply for visas and start the neutralization process. In the event
of any application being turned down, the petitioners may want to challenge and overturn
such decisions. For all these and more issues relating to immigration, an immigration
lawyer can be very helpful.
If you need legal help in facing immigration challenges, the services of an
attorney can assist in protecting your rights under US immigration laws. Take advantage
of immigration law firms that are there to help you realize your American dream!!
CANADIAN IMMIGRATION LAW
Canadian Citizenship and Immigration to Canada start with an application for a
Canada Immigration (Permanent Resident) Visa. There are several categories of
Canadian Immigration under which you can apply to immigrate to Canada:
• Federal Skilled Worker: Professionals and skilled trade people.
• Provincial Nomination Program: Workers going to a specific province.
• Quebec Skilled Worker: People intending to reside in Quebec.
• Business Class Immigration: Managers and business owners.
• Family Class Sponsorship: Close family members in Canada.

INTERNATIONAL CONTRACT LAWS RELATED TO HR


As we enter the 21st century, we have become a world without borders.
Companies of all sizes have learned that opportunity transcends geographic boundaries.
So does risk, especially when dealing with labor and employment matters in a foreign
country.
Of the host of legal issues facing global businesses, perhaps none is more
significant than the issues regarding the individual employees who keep the business
running on a daily basis. International Labor and Employment Law is a comprehensive
book to help businesses understand the laws that govern labor and employment around
the world and to create a successful workforce transcending traditional barriers.
International Labor and Employment Law will prove to be an indispensable
resource for both executives and attorneys, leaving readers with a solid grasp on the
fundamentals of labor law around the world.

CONTRACT LAW RELATED TO HR IN USA


Every organization wants to attract the most qualified employees and match them
to jobs for which they are best suited. However, many enterprises are too large to permit
close contact between top management and employees. Human resources, training, and
labor relations managers and specialists provide this connection.
In the past, these workers performed the administrative function of an
organization, such as handling employee benefits questions or recruiting, interviewing,
and hiring new staff in accordance with policies established by top management. Today’s
human resources workers manage these tasks, but, increasingly, they also consult with
top executives regarding strategic planning. They have moved from behind-the-scenes
staff work to leading the company in suggesting and changing policies.
In an effort to enhance morale and productivity, limit job turnover, and help
organizations increase performance and improve business results, these workers also help
their firms effectively use employee skills, provide training and development
opportunities to improve those skills, and increase employees’ satisfaction with their jobs
and working conditions. Although some jobs in the human resources field require only
limited contact with people outside the human resources office, dealing with people is an
important part of the job.
There are many types of human resources, training and labor relations managers
and specialists. In a small organization, a human resources generalist may handle all
aspects of human resources work, and thus require an extensive range of knowledge. The
responsibilities of human resources generalists can vary widely, depending on their
employer’s needs.
In a large corporation, the director of human resources may supervise several
departments, each headed by an experienced manager who most likely specializes in one
human resources activity, such as employment and placement; compensation, and
benefits; training and development; or labor relations.
Work environment: Human resources work usually takes place in clean, pleasant, and
comfortable office settings. Arbitrators and mediators may work out of their homes.
Although most human resources, training, and labor relations managers and specialists
work in the office, some travel extensively.
For example, recruiters regularly attend professional meetings and visit college campuses
to interview prospective employees; arbitrators and mediators often must travel to the site
chosen for negotiations.
Many human resources, training and labor relations managers and specialists work a
standard 35 to 40 hour week. However, longer hours might be necessary for some
workers – for example, labor relations managers and specialists, arbitrators and mediators
– when contract agreements are being prepared and negotiated.

LABOR AND EMPLOYMENT LAW IN UK


The charity age concern has argued that UK age discrimination legislation
contravenes European Law by allowing employers to retire employees against their
wishes. Age concern has brought a court action in the hope of getting the legislation
declared unlawful through a case commonly known as the ‘Heyday’ case.
Abolition of Statutory Disciplinary and Grievance Procedures
Earlier in 2007, Government appointed review recommended the repeal of the
statutory dispute resolution procedures and made a number of other significant
recommendations to improve dispute resolution in UK workplaces. In response, the
Government is pushing ahead with the Employment Bill.
The Bill, once implemented, will repeal the existing statutory dispute resolution
procedures and the related provisions which can render a dismissal ‘unfair’ just because
of a breach in procedure. In place of them, employers and employees alike will be
expected to comply with codes of practice for resolving disputes developed by the
Advisory Conciliation and Arbitration Service (ACAS).
If either party unreasonably fails to follow the codes of practice, employment
tribunals will be able to increase of reduce compensation by up to 25 per cent, depending
on who was at fault. Amongst other proposed amendments contained in the Bill, it is also
proposed to extend ACAS’s power to conciliate.
REFERENCES:

1. P.L.Rao, International Human Resource Management, Excel Books, New Delhi,


2008.

2. Briscoi, Schuler and Claus, International Human Resource Management,


Routledge, 2008.

3. Breuester, Sparrow and Vernon, International Human Resource Management (3rd


edition).

4. P.J.Dowling and D.E.Welch, International Human Resource Management,


Thomson, London, 2004.

5. International Migration Report 2002, United Nations (Department of Economic


and Social Affairs, Population Division).