Skäligt eller inte? Tredjelandsmedborgarens ställning på dagens arbetsmarknad - En granskning av samverkan mellan migrationsrätt och arbetssätt

Sammanfattning: The Swedish labour market has over the years developed through minimal intervention from the government. The steady increase of granted work permits shows an increasing demand of foreign skills for all levels of education. Third-country nationals have the right to work in Sweden when a valid work permit has been granted. Work permits are granted by the Migration Board if the employee can support themselves and when the requirement for wage, insurance and other terms of employment are not worse than what follows current collective agreements. The main sanction used is revocation of a permit, where the employee faces the risk of being sent home, should the employer not meet the legal conditions. The existence of labour exploitation of foreign workers in Sweden testifies to a need for changes in the current system. The relationship between employers and employees is uneven in its’ nature, which is further strengthened when concerning third-country nationals. The different legal areas have difficulties cooperating and regulations regarding migration do not include specific working conditions and wages. Since the main sanction of the Aliens Act is revocation, it creates a dilemma for the employee who must choose between accepting the presented conditions, even if they are worse than promised, or returning home. Revocation mainly affects the employee and is not a particularly dissuasive sanction for employers who choose to exploit the labour immigration rules. Ultimately, the employer can be convicted of the crime human exploitation but despite high reporting rates not many exploiters have been convicted.