Differences in the Implementation of Labor Rights of Refugees and Migrants in Europe

Różnice w realizacji praw pracowniczych uchodźców i migrantów w Europie

Viktor I. Shcherbyna, Kateryna V. Kutsovol,
Valentyna O. Polozhyshnyk,
Nadiya O. Babych, Oleksandra V. Voytsyshena


The purpose of this article is to explore the differences that exist between the exercise of the right to work by refugees and migrant workers under EU law, and to examine the existing differences between these categories under international law. The leading method of research used in the article is the method of comparison. It was used to analyze the differences in the legal regulation and implementation of the right to work by refugees and migrant workers in the EU. The article analyzes the peculiarities of the definition and legal regulation of the terms refugee and migrant worker. The author defines the classification of types of migration and proves the conclusion that economic motives are the most frequent reason for migration. At the same time, the author argues that refugees and labor migrants are different concepts in terms of labor legislation. Therefore, they have different legal status and, accordingly, different frameworks for exercising their rights. Besides, the author as an example considered Polish legislation, which regulates both the issues of labor migration and realization of labor rights of refugees, especially in the context of war in Ukraine, which is also reflected in the results of work and conclusions to the article. The materials obtained as a result of the study can be used in law-making activities to improve the national labor legislation of Ukraine on the example of the considered legal acts, as well as taking into account the European vector of development of Ukraine.

Key words: labor law, refugees, migrant workers, right to work, labor relations, third country nationals

Słowa kluczowe:  prawo pracy, uchodźcy, pracownicy migrujący, prawo do pracy, relacje w pracy, obywatele krajów trzecich

Problemy Ekorozwoju 18(1)2023: 89-99

DOI: 10.35784/pe.2023.1.10

Submitted: 8.10.22, accepted: 21.11.22, published on-line: 1.01.23