TOMASZ BUDNIKOWSKI: Poles on the German Job Market

7/28/2019 TOMASZ BUDNIKOWSKI: Poles on the German Job Market

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PRZEGLD ZACHODNI

2011, No 2

TOmAsZ BuDNIkOwskI

Pozna

Poles on the German Job market

De to till alive ar eorie on the one hand and becae of copletely dif-

ferent viion concerning the Polih etern borderline on the other hand, decade

had to pa before the diploatic relation cold be etablihed beteen Poland andthe Federal Repblic of Gerany. Thi too place a late a 1970 and after the pot-

arstatus quo a recognized by that contry. Neverthele, even in decade prior

to that econoic relation tarted to be etablihed. In order to intenify thee rela-

tion repreentative bine agencie ere etablihed in both contrie. Over the

core of any year they ere the only ofcial tate pot fnctioning on tal

ter in Poland and in the Federal Repblic of Gerany.

The itation a copletely different in the cae of the Geran Deocratic

Repblic hich already in 1950 recognized the border along the Oder and the La-

tian Neie river. Thi a folloed by etablihing fll diploatic relation. Alo,econoic relation tarted to be developed. Hoever, it ha to be reinded that

becae of the fact that both contrie belonged to the Concil for mtal Econoic

Aitance (COmECON) thee relation ere far fro noral. The econoy fnc-

tioning in the eat of Erope ith it ordered and ditribtive character eant that

alo in the relation beteen the contrie cot vale did not play the ot iportant

part. The deciion to localize certain branche of indtry ere often ade arbitrar-

ily and they affected the direction and the vole of good o referring both to

pply and to the ready-ade prodct.

Taing into accont the hitorical perpective of the year hich have paed

ince the renication of Gerany the thei that the proce a perceived by Po-

land a carrying both opportnitie and danger fro the econoic point of vie

ee jtied. For thi reaon the fact that the Treaty on Good Neighborhip and

Friendly Cooperation igned beteen the Repblic of Poland and the Federal Re-

pblic of Gerany on 17 Jne 1991 inclded a any a 4 article devoted to eco-

noic ie a received ith hge atifaction.

For intance, article 8 i devoted to the effort toard Eropean nity. The Fed-

eral Repblic of Gerany ade a coitent in thi article to pport Polih ef-

fort toard acceion to the Eropean union. Article 10 in trn foce on the

nancial apect of the bilateral econoic relation, and the folloing one dicethe ie pertaining to agricltral prodction and trnover of food prodct.


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158 Toaz Bdnioi

Fro the point of vie of the preent analyi article 9 deerve pecial atten -

tion. It, aong other, tate that,

The partie to the Treaty ill trive toard broadening and enriching tal econoic

relation in all area. They ill create the ot favorable preie, epecially econoic, legal

and organizational for econoic activity inclding indtry and ervice offered by ingle and

legal entitie in the cope of their tate legilation, a ell a ithin their coitent teing

fro international agreeent, inclding the obligation of the Federal Repblic of Gerany de

to it eberhip in the Eropean union. The partie to the agreeent agree that the proce of

econoic tranforation hich ha been initiated in the Repblic of Poland, hold be pported

by international cooperation. The Federal Repblic of Gerany i ready to operate on both the

bilateral and ltilateral platfor to provide pport for the econoic developent of Poland

ithin the flly developed ocial aret econoy. By the ae toen adeqate condition hold

be created for a ignicant redction of the exiting developental difference1.

Conidering the degree of the realization of thi proviion it need to be re-

ebered, epecially taing into accont the above entioned experience fro the

Polih-Eat Geran relation, that the role of the tate i only to create frae condi-

tion enabling the free operation of bine entitie irrepective of their origin.

In thi context pecial attention hold be paid to the fragent of article 9 in

hich both ide ae an obligation to create the ot favorable preie incld-

ing epecially legal one for econoic activity concerning indtry and ervice

provided by ingle and legal entitie.

One of the fndaental preie enabling noral activity i the freedo of

oveent and lac of any retriction either ith reference to taing p paid e-ployent or etting p one on copany in another contry. An analyi of the

igration trea beteen Poland and the enlarged Federal Repblic of Gerany

allo to pt forard a thei that the realization of article 9 of the Treaty fro

Jne 1991 leave ch to be deired. The Federal Repblic of Gerany ho far-

reaching cation in creating the ae condition for the Pole a thoe enjoyed on

the Geran job aret by Geran paport holder.

The itation did not change folloing Poland acceion to the Eropean un-

ion in may 2004. Thi t ee rpriing at leat becae of the fact that a early

a in 1952 in the treaty hich etablihed the Eropean Coal and steal Conity

the freedo of oveent for the orer of the to branche of indtry a in-trodced. Relying on thee experience alo the Roe Treaty hich etablihed the

Eropean Econoic Conity in article 48 predicted the gradal lifting of the

retriction in thi repect. The fll freedo of oveent of orer a ppoed

to be granted by the end of the tranition period, that i by 1969. After that period

all difference in the treatent of the orer ere to be lifted irrepective of the

contry they coe fro. Fro that tie onard peron fro the eber tate

ho ere illing to tae p eployent in any other contry belonging to the EEC

1 Jornal of La (Dzienni uta-Dz. u.) 1992, No. 14, ite 56.


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159Pole on the Geran Job maret

ere to be treated on eqal ter ith repect to eployent, payent and or

condition. In practice it eant that a citizen of any eber tate cold apply for

a job if the reqireent of qalication ere et.

Hoever, the interpretation of thi eeingly clear proviion by the deciion-aer in the contrie of the old Eropean union a not nifor. Becae of that,

for the rt tie in the hitory of the conity a deciion a ade to leave the

deciion abot opening their job aret for the citizen of the ne eber tate

p to the individal eber contrie. Fro 1 may 2004 only the inhabitant of Cy-

pr and malta ere granted the ae right on the job aret of the Eropean un-

ion a the one available to the citizen of the old eber tate. Notithtanding,

three old Eu contrie (Ireland, seden and Great Britain) coplied ith the earlier

entioned EEC reglation concerning the freedo of oveent for the orforce.

Thi eant that beginning fro 1 may 2004 citizen of the ne eber tate ere

able to tae p eployent in thoe contrie ithot any retriction. The reain-ing contrie ade e of the 2+3+2 forla provided for by the Acceion Treaty.

Coneqently, the individal contrie gradally ored toard opening their job

aret for orer fro the ne Eu eber tate. Atria and Gerany ere the

lat to contrie to enre fro may 2011 eqal legal treatent by the eployer

for Polih citizen ho ee eployent.

sch deciion and their argentation have tilated heated debate in Poland

ith ajor foc on the oltion accepted in thi atter in the Federal Repblic of

Gerany. Thi foc of interet i de to any reaon. For the Polih econoy the

relation ith it etern neighbor are not to be nderetiated. The tradition of thelabor-related igration to that contry on the one hand and the relting extenive

tie ith Pole living in Gerany a ell a ith any Geran citizen on the other

hand, have relted in the fact that interet in taing p eployent in Gerany ha

alay been and reain very high. The reearch done on a repreentative aple

of tdent in vocational chool hoed that a any a a half of the repondent

expreed a lot of interet in oring in the Eropean union, ith 19% declaring

that they ill denitely ee ch eployent and 34% a thi option a highly

probable. Thoe ho ere denite abot oring abroad hoed the folloing pref-

erence: Gerany ( 37% ), Great Britain ( 31% ), Holland ( 14% ), Italy ( 14% )

and France ( 9%)2. The btantial interet in oring for the etern neighbor,apart fro the above entioned reaon, i caed by the geographical proxiity of

both contrie, and contrary to the coon althogh njtied vie, far-reaching

iilaritie in the broadly ndertood cltral doain. The relt alo ho cloe

iilarity ith the opinion poll carried ot at the beginning of the 1980 hich

deontrated that over a half of Pole going abroad ent to Gerany ( 55% ), 12%

to Great Britain and 8% to the usA.

2 A. Rogala,Modzie na saksach [The Yoth oring in Gerany], The Eropean union moni-tor 2005, No 1, p. 37.


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160 Toaz Bdnioi

It i poible to follo the core of vario ind of profeional activity of

Pole in Gerany taing into accont, on the one hand the reglation of the Treaty

fro Jne 1991 and on the other hand, the retriction ipoed by the Geran a-

thoritie on the freedo of oveent of the orforce ithin the enlarged Eropeanunion.

The folloing type of labor-related igration need to be analyzed:

Traveling to tae p eaonal or-

Taing p or baed on a or contract-

wor contracted by peron eployed by Polih copanie hich provide-

ervice in Gerany

seaonal igration ha for year been the type of labor-related igration hich

ha occpied a ignicant poition in the igration trea fro Poland to Gerany,

and hich ha alo in a ignicant ay haped the ay Pole are perceived by their

etern neighbor. Thi ind of labor-related igration ha been non in Erope

for any decade and it i ot freqently reglated by the international bilateral

agreeent. Thee agreeent ai at channeling the inx of orer and prevent-

ing the inx of illegal foreign orer. The cooperation beteen the relevant nit

of tate adinitration, inclding epecially the job aret ector allo a far a

poible to atch the deand for a orforce ith the or pply fro abroad.

The ter eaonal or inclde paid or done on the bai of a pecial perit,

often inclding the nae of the orer, ied for the dration of tie not longer

than one year. To illtrate, ntil qite recently ch a perit in Gerany a ied

for 3 onth, in France for 6 onth, and in spain and sitzerland for 9 onth.sch perit are very often ied hen it i clear that the native orer or the

neployed are not ready to tae p ch type of or. seaonal or i predoi-

nant in thoe branche of indtry here the phyical labor play a ignicant role

and i difclt to replace by echanical device. The branche hich need to be

enerated inclde oe part of the agricltre, foretry, ood proceing indtry,

catering and hotel indtry a ell a contrction ervice3.

The agreeent hich reglated eaonal or ere non alo in the tie

of the Polih People Repblic and they reglated the entirety of ie connected

ith legal or provided by Polih people in the forer Czecholovaia, Eat Ger-

any and alo in wet Gerany. Thi ind of agreeent ith wet Gerany a

the only one Poland had at the tie ith a contry fro otide the COmECON.

In the hitoric year of 1990 Poland igned everal agreeent ith the nied Ger-

any hich reglated taing p eployent by Polih peron in Gerany. A

m. Oli rightly oberved the agreeent concerning eaonal orera the

ot iportant agreeent concerning labor-related igration that Poland ha ever

3 H. werner,Befristete Zuwanderung von auslndischen Arbeitnehmern. Dargestellt unter beson-

derer Bercksichtigung der Ost-West-Wanderungen, mitteilngen a der Arbeitart- nd Berffor-

chng, 1996, No. 1, p.46., cf. alo: k. wach, Europejski rynek pracy [Eropean job aret], kra2007, pp. 299 - 300.


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igned4. It a reected in a hole range of agreeent hich the Federal Repblic

of Gerany igned ith other pot-conit contrie in the early 1990. In 1991

that i a year after igning the bilateral agreeent Pole received 68,500 eaonal

or perit5

. The Polih contingent a deciively the larget and the fact thatthe nber of eaonal orer fro Poland exceeded the cobined nber of

eaonal orer fro other Eat and Central Eropean contrie doe not coe a

a rprie (cf. table 1).

Table 1

Seasonal workers in Germany between 1993-1995

Contry of originY

1993 1994 1995

Poland 143,861 136,659 170,576

Croatia 6,948 5,753 5,574

slovaia 7,781 3,939 5,442

Roania 3,853 2,272 3,879

Czech Repblic 12,027 3,465 3,722

Hngary 5,346 2,458 2,841

slovenia 1,114 601 600

Blgaria 71 70 131

sorce: H. werner, op.cit.,p.46.

A deciive ajority of the eaonal orer ent to Gerany on the bai of

a peronal deand fro the eployer. In the initial period the trade or territorial

retriction ere not oberved. Hoever, fro April 1993 the eployent ofce

ere obliged to oberve the for-ee ithdraal period. If dring that tie there

i no interet to tae p the job fro a Geran paport holder, the job can be taen

by a foreigner. Alo tarting ith septeber of the ae year the pper tie liit

for eaonal or a introdced at three onth ith a clear pecication of thoe

branche of indtry in hich ch or i alloed. Thee inclded: agricltre,

foretry, agricltral prodce proceing indtry, the hotel and catering indtry,exhibition indtry and or in tiber ill. In the folloing year the nber of

Pole oring legally in Gerany for a period of everal onth ha reained high

(cf. table 2).

4 m. Oli,Przepyw siy roboczej w wietle niemiecko-polskiej umowy dwustronnej o pracow-

nikach sezonowych [The o of orforce in the light of the Geran-Polih bilateral agreeent con-

cerning eaonal orer], in: Polscy pracownicy na rynku Unii Europejskiej ed. by: P. kaczarczy

and w. oi, warzaa 2004, p. 27.5 Ibide, p. 25.


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162 Toaz Bdnioi

Table 2

Polish seasonal workers in Germany in the years 2003-2009

Year

Nber of perit for

seaonal orerstdent anting to or

dring their holiday

Highly qalied profeional

in a decit profeion in Gerany

2003 265,414 5,799 690

2004 324,340 5,017 671

2005 272,757 5,858 606

2006 230,353 5,869 389

2007 228,807 5,406 316

2008 190,582 3,971 154

2009 183,553 (.) 108

sorce: Inforation concerning the eployent of Polih citizen in the Eropean Econoic Area (EEA) and

sitzerland and the inhabitant of the EEA in Poland, minitry of Labor and social Policy, October 2004, p.5, Oc-

tober 2005 p. 6, April 2007, p. 10, April 2008, p. 14, may 2009, p. 41, may 2010, p. 24

In the rt half of 2010 on average 5,884 orer delegated fro Poland ored

in Gerany on contrction ite hich contitted a light rie (8%) in coparion

ith the previo year6. It i orth noting here that Poland for year ha not ed

the contingent of perit for eaonal or. To illtrate, in 2006 the contingent a-

igned by the Geran ide for eaonal or per peron per onth a ed in 74%,

in 2009 the percentage dropped to 42%7

.Thi ho that the Federal Repblic of Gerany i becoing relatively a le

attractive place for taing p paid or. The exiting itation a ithot dobt

ignicantly affected by the opening of border of other Eu contrie ith Great

Britain and Ireland at the forefront, a ell a by an iproved itation on the Polih

job aret in thoe year. A rie in the vale of the Polih crrency epecially in

confrontation ith the pay offered by Geran eployer a alo not ithot ig-

nicance. still, Polih citizen are a deciive ajority in the grop of eaonal or-

er oring in Gerany. Hoever, thi doination of Poland i teadily dropping.

In the period fro Jne 2009 to the ae onth of the folloing year the percentage

of Pole aong foreign eaonal orer dropped fro 70% to 61%. Roaniancitizen contitte 34% of the orer and no tae econd place8. Thi nber i

6 Inforation concerning the eployent of Polih citizen in the Eropean Econoic Area (EEA)

and sitzerland and the inhabitant of the EEA in Poland, minitry of Labor and social Policy, April

2007, p. 10.7 Inforation concerning the eployent of Polih citizen in the Eropean Econoic Area (EEA)

and sitzerland and the inhabitant of the EEA in Poland, minitry of Labor and social Policy, October

2004, p. 5, October 2005 p. 6, April 2007, p. 10 and Noveber 2010, p. 23.8 Inforation concerning the eployent of Polih citizen in the Eropean Econoic Area (EEA)

and sitzerland and the inhabitant of the EEA in Poland, minitry of Labor and social Policy, No-veber 2010, p. 22.


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not rpriing de to the fact that Roania in ter of poplation tae econd place

after Poland in the grop of the ne eber contrie in the Eropean union a

far a the nber of people i concerned. The fact that eaonal or i o poplar

aong Roanian depite the relatively long ditance fro Gerany ho that thelevel of econoic developent and in coneqence the difference in pay beteen

Gerany and Roania are of ajor iportance. The proble eerging ore and

ore freqently on the Geran job aret led in 2008 to a deciion to extend the

alloed period of eployent for eaonal orer fro 4 to 6 onth fro 1 Jan-

ary of the folloing year.

stdent contitte a pecic grop of teporary eployee. In their cae the

condition for taing p or i not obtaining a or perit bt aing the ex-

ept fro obtaining ch ind of conceion. The nber of eployee fro thi

grop i reaining qite table, hoever in 2008 there a a clear drop. stdent

generally nd eployent in the ae branche of indtry here ot Pole or

in eaonal job. They are epecially freqently eployed to or in Geran vine-

yard here the bl of the or acclate by the end of the er, that i hen

tdent are on holiday.

Apart fro the eaonal or there are alo very liited poibilitie of eploy-

ing Pole on the bai of a or contract. Exacerbating proble ith nding highly

qalied orer hich becae viible in the econd half of the 1990 forced the

athoritie to tae oe tep to electively liberalize acce to the Geran job ar-

et. more and ore often perit ere ied to eploy foreign orer, the higher

their qalication ere the ore illingly the perit ere given. siltaneoly,a ind of headhnting capaign a initiated aied at recriting repreentative of

thee profeion, hich ere in a ignicant decit, in Gerany. For exaple, in

2000 an attept a ade to recrit a large nber of copter expert. The offer

a taen rt of all by Aian (Hind) and to a leer degree by Blgarian and

Roanian. Hoever, contrary to Geran expectation and Polih fear the offer of

receiving the o called green card to a very liited degree aroed interet aong

pecialit in Poland.

shortage of qalied orer forced the Geran athoritie to intenify ac-

tivitie aied at attracting highly qalied pecialit to tae p or in Gerany.The recritent area inclded priarily Eropean contrie. In October 2007 the

procedre for taing p eployent ere btantially facilitated for gradate of

the Geran niveritie of foreign origin. An identical liberalization of foralitie

becae available to engineer of certain pecialization, naely, electronic engi-

neer and pecialit in echanical and otor engineering.

Alo tarting ith Janary 2009 a ignicant barrier a lifted for gradate of

higher edcation intittion fro the ne Eu eber tate hich freqently ade

it ipoible for the to tae p eployent in Gerany. Naely, they no longer

have to ndergo the o called aret tet that i the checing procedre hether

there i no native candidate ho cold tae the job offer.


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164 Toaz Bdnioi

At the ae tie the ini level of annal alary hich jtie taing p

eployent by a citizen of the ne Eu eber tate a loered to 66,500

fro the so far then 85,000. This eans that in applying for ork perits priority

is given to persons ho are highly qalied. Hoever, practice has shon that theefciency of this job arket instrent is very liited. The nber of people ho

receive a ork perit on the basis of a predicted high level of pay does not exceed

1,000 per year9.

The process of the aging of Geran society hich is gaining speed on the one

hand, and on the other hand the societys relative afence spported by the ell de-

veloped syste of social insrance have reslted in a serios proble of the need to

provide care for the elderly and the disabled. In vie of the fact that the spply of the

native orkforce trained for this kind of services trned ot to be insfcient a broad

recritent capaign as lanched abroad. Traditionally, Poles have shon a lot of

interest in this kind of ork. The increasing deand for providing sch services re-

slted in 2010 in the liberalization of reqireents for care providers. The reqireent

of certied qalications siilar to the ones expected of a qalied Geran nrse as

dropped. Besides, as the practice shos the Geran controlling bodies display far-

reaching tolerance toards the groing practice of illegal eployent of foreigners

as care providers for the disabled and elderly.

when analyzing the selective opening of the Geran job arket for the repre-

sentatives of soe decit professions it needs to be reebered that these decisions

originate in the desire to iprove the sitation in soe selected segents of the job

arket. These offers are addressed ost freqently to the citizens of the ne Eueber states inclding Poland. Hoever, these gestres toards Polish citizens do

not ste fro the illingness to coply ith the articles of the Treaty and they are

rather inclded in a broader strategy of the Geran athorities aiing to iprove the

sitation on their job arket.

Another grop hich reqires a closer exaination ith respect to the realization

of the articles of the Treaty relevant for this analysis is constitted by persons e-

ployed by Polish copanies hich provide services on Geran territory. The sitation

of these copanies is not easy.

The barriers iposed by Gerany in eploying orkers fro Poland are not only

discordant ith the articles of the Treaty bt they are also far fro being in line iththe spirit of Eropean integration and the letter of the relevant legal acts hich ere

the cornerstone of the Eropean Econoic Conity. To illstrate, article 49 of the

EEC fonding Treaty states that a copany can teporarily provide services also on

the territory of another eber state. The condition is that the copany has to be

a registered bsiness in its on contry. This shold ean that a Polish copany can

provide services in Gerany, France, or any other Eu contry, and the eployees of

that copany shold not be obliged to apply for an additional ork perit.

9 H. Brcer,Brain Gain oder Brain Drain, Deutschland und Europa fallen im Wettbewerb um diebesten Kpfe zurck. IAB- For No. 2/2010, p. 6, cf. alo: k. wach, op.cit., pp.294-295.


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Thi, hoever i not the cae. In Gerany (iilar to Atria) oe iportant

retriction are ipoed on Polih copanie in thi repect. A long a ntil 1 may

2011, that i ntil the expiry date of the axi even-year tranition period ap-

plied by Gerany, Polih copanie ere not alloed to provide oe ervice. Theretriction involved contrction ervice (and iilar activitie), cleaning bild-

ing and interior deign10.

The difcltie encontered by Polih copanie hich intend to provide erv-

ice on the territory of the Eu eber contrie te to a large extent fro the

lac of neqivocal interpretation of the Eu reglation in thi repect. To ill-

trate, directive No. 96/71/wE of the Eropean Parliaent and the Eu Concil fro

16 Deceber 1996 abot delegating orer of ervice provider did not inclde

any retriction on eploying orer for the prpoe of contracting the to pro-

vide ervice for individal peron or copanie otide the contry here the

copany i baed. The approaching enlargeent of the Eropean union to incldethe pot-conit contrie caed a heated debate arond thi ie. In effect

a traightforard tattory interpretation in thi atter a adopted hich i non

a Boletein directive, after the nae of it athor, the then liberal Dtch co-

iioner of the Eu. The reglation a adopted in Janary 2004 and already in

march the folloing year the Eu Concil of miniter ade a deciion abot the

need to revie the directive. Thi happened a a relt of protet articlated otly

in France and Gerany, that i in the contrie here there i an epecially trong

fear of copetition fro cheaper ervice provider. Hoever, it hold be noted that

thi phenoenon did not have a a character. Fro may 2004 ntil Febrary 2005

the nber of people delegated fro Poland to provide ervice in the Eu contrie

(inclding Noray and sitzerland) altogether reached 89,00011.

The Boletein directive recoended a departre fro any for of dicri-

ination of copanie becae of their origin. Thi old ean that a Polih enter-

prie cold provide ervice on the territory of the hole Eropean union. The op-

10 In thi context it hold be nderlined that e deal ith a iilar dicriination of Polih co-

panie providing ervice alo in other Eu eber tate. It i alo preent in thoe contrie hich

before may 2004 declared to open their border and job aret for the necoer fro the Eat, and

hortly before that date they tightened their procedre ithot introdcing legal retriction a it athe cae ith Atria and Gerany. sch a itation i preent, for exaple in Holland. To afegard

the interet of the native copanie the Dtch athoritie dicriinate againt thoe copanie provid-

ing ervice fro the ne eber tate (thee retriction do not refer to copanie fro Cypr and

malta). If, for exaple a Polih bilding copany enter into a contract in Holland then the condition

that it can be realized i obtaining a or perit for it orer. Thi procedre i difclt to decribe

otherie than a dicriination practice and a divergence for the letter and the pirit of the Acceion

Treaty. It i not rpriing then that the Eropean Coiion appealed to the Hage athoritie to

change their attitde in thi atter. It hold be alo noted at thi point that a iilar treatent of Polih

copanie tarted to be practiced alo in Italy. After the intervention of the Polih governent thee

procedre ere dropped. Alo Denar conidered the poibility of introdcing or perit for the

orer of Polih contrction copanie (A sojea,Dyskryminacja polskich rm [Dicriination

of Polih copanie], Rzeczpopolita 28 Jly 2005, p. B.2.11Labour-related migration to and from Poland, The Eropean union monitor 2005, No. 5, p. 22.


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166 Toaz Bdnioi

ponent of thi reoltion fearing the danger of the o called ocial dping, hich

in their opinion a an inherent coneqence of adopting the directive, created an

international initiative nder the nae Stop Bolkestein. In their initiative they dre

attention allegedly to the danger of the introdction of the fll freedo of providingervice for the job aret of the old Eu eber tate. Thi broad capaign a

condcted nder the logan:No to a Europe of social cuts (Nein zu einem Europa

des Sozialabbaus). The initiator of the capaign in their inforation pread via the

internet ade reference to peron and intittion hich pported their initiative.

A cloer exaination of the lit allo to notice that it inclde alot exclively

left-ing trade nion and partie ith conit orientation that i thee organi-

zation hich advocate a cloe and broad-ranged intervention of the tate in the

econoic procee hich, aong other, i deontrated by ell developed ocial

benet, hich in trn are deterined by a far-reaching cal policy. The pport

for the capaign fro ch organization doe not alter the fact that the ajorityof the eber tate eeed to be in favor of ipleenting the recoendation

forlated by the then Dtch coiioner of the Eu, the fact hich a adly

ndercored by the initiator of the capaign. The opponent of the introdction of

the freedo to provide ervice reached for argent of both, a legal and econoic

natre. For exaple, there ere accation that the directive doe not at all intro -

dce the category of pblic tility ervice hich in their opinion hold be exept

fro free copetition. The opponent alo did not lie the lac of attention to pecial

reqireent ith reference to providing ervice hich, in their opinion, hold be

acconted for a far a health and afety are concerned. According to the opponent it

cannot be alloed that ervice in the area of health, cltre and edcation on the one

hand are treated in an identical ay ith ervice lie repairing a car or hairdreing

on the other hand. They criticized the oltion ggeted by the directive according

to hich a copany providing ervice old be bject to legal rigor binding only

in the contry in hich the copany i regitered. It i difclt to reit an ipre-

ion that accepting ch a line of reaoning ae a priori a periority of legal

proviion in the old Eu contrie over thoe in the ne one. The ae aption

a preent in the reervation of the opponent concerning the lac of poibilitie

to control the oring condition.

Neverthele, it ee that the above accation ere only ore or le of a for-al natre. undobtedly, the reervation of an econoic character ere the ot

iportant. The ignatorie of the Stop Bolkestein capaign treed that the realiza-

tion of the recoendation old ean liqidation, or far-reaching difcltie in

the e of ch iportant intrent a the ini age or tariff agreeent12.

The Geran governent piced p the idea of the opponent and it gradally ex-

tended the lit of indtrie in hich the ini age old be binding (alo for

foreign copanie). Earlier on ch ini liit ere binding only in the con-

trction indtry ( 12.47 per hor in the et and 10.01 in the eat).

12 .topbolentein.org, pp. 1-4.


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It i not nreaonable at thi oent to ention here that there i a general con-

en aong the analyt of the coplex proble of the job aret a far a the

ajor reaon for high neployent in ot Eu contrie are concerned, naely

the over-reglation of the aret. Practice ho that the level of neployent irelatively lo here the tate intervene in the relation beteen the eployer and

the eployee only to a very light degree. Becae of thi, it i not rpriing that in

etern Erope there a no hortage of voice articlating the need to ipleent

Boletein directive. According to any econoit it old allo to ae effort

to rationalize eployent. In coneqence, there ight be oe rie in neploy-

ent over a hort period of tie bt alo it ignicant redction in the long-rn.

sch a conclion a reached, aong other by the athor of a report concerning

thi ie prepared by the Copenhagen Econoic Intitte. The report ho that

after the retriction on providing ervice on the territory of the hole Eropean

union are lifted, the vale of conption in Gerany and France ill increae by

0.8%. Contrie lie Belgi, Great Britain, Finland and Italy old benet even

ore fro the liberalization of the ervice aret. The vale of conption in

thoe contrie old rie by 1.2%. when ing p the report the Danih ana-

lyt conclded deciively that Gerany and France by oppoing the directive ere

acting againt their on interet13. many pecialit in Gerany itelf voiced ii-

lar vie. The opinion of C. Hefeer fro the Habrg HwwA ee fcient

to qote. In a traightforard ay he tate that by oppoing the ipleentation of

Boletein directive France and Gerany fro being once the otor of integration

are no contribting to it lo don. By acting a they do they ill lead to a de -nite collape of the Libon trategy hich after all a ppoed to be anchored on

the iproveent of Erope copetitivene toard the united state. Hefeer,

iilar to the analyt fro the Copenhagen Intitte nderline that the liberaliza-

tion of ervice in the Eropean union ill in the id and long-ter bring poitive

relt. The appearance of cheaper ervice provider fro the ne contrie old

contribte to a rie of deand alo for ervice provided by the native copanie.

Apart fro that, redcing the role of illegal or old ndobtedly be a poitive

otcoe14.

Yet, the above argent did not convince the deciion-aer in the old

eber tate. In April 2006 the Eropean Coiion preented a ne draft of

a directive concerning providing ervice. It divert fro the principle of the contry

of origin introdcing at the ae tie a ind of protection in the third ector. The

ne directive for ervice provider a adopted by the Eropean Parliaent in No-

veber of the ae year. According to the ne reglation copanie operating on

the territory of a given contry ill have to pay their eployee age not loer

13 J. Bieleci,Francja strzela sobie gola [France core on goal], Rzeczpopolita 17 October

2005, p. B 1.

14 C. Hefeer,Dientsleistungsfreiheit und Europische Wettbewerbsfhigkeit, wirtchaftdient2005, No. 3, p. 136.


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168 Toaz Bdnioi

than the ini age valid for that contry. On the other hand, the athor of the

directive ditanced theelve fro the deand ied by the orer nion in the

old contrie inclding the reqireent to verify the profeional qalication of

the orer recrited fro Eatern Erope. In thi repect the qalication acqiredin the contry of origin ere regarded a fcient. A iilar tendency to liit the

acce of Polih orer to the Geran job aret a characteritic of the effort

ade by the Geran adinitration.

Indeed, it i difclt to reit an ipreion that the Geran deciion-aer do

not read pecialit econoic jornal or, hat cannot be overrled, that they con -

ider argent raied by athor ho pblih there a not convincing enogh. Thi

aption i jtied by the tep taen by the Berlin adinitration hich aied

at liiting the inx of ervice providing copanie fro Poland to a axi

level.

The increaing liitation of acce to the Geran job aret for the Polih

copanie providing ervice, on the one hand by redcing the nber of branche

acceible to foreign copanie and on the other hand, by liiting the nber of

Pole eployed in Gerany ae Pole ee ay of aing e of the till attrac-

tive difference hich exit in the level of pay beteen the to contrie. They do it

by etting p their on ole proprietorhip hich ot freqently offer contrction

ervice and related ervice. The exaple fro Berlin reached anecdotal dien-

ion here it a etiated that nder one and the ae addre of a at oned by

a Polih citizen over 100 one-peron copanie providing ervice ere regitered.

Thi i an exeplication of Polih entreprenerhip ell non and varioly ap-preciated in Erope. Thi ind of phenoenon i reected in the relt of copara-

tive tdie. It trn ot that in 2004 the entreprenerhip index ndertood a the

percentage of peron aged 18 to 64 engaged in a ne bine activity a the

highet in Poland and reached the level of 8.8%. In Ireland hich a raned econd

in thi category it a loer by 1.1 of a percentage point, in Great Britain it reached

6.3% and in France 6.0%15.

It need to be nderlined at thi point that in recent year, naely alot all

the tie ince 1 may 2004, e are dealing ith a relatively contino groth of

interet of Polih people in taing p profeional activity abroad by going elf-

eployed. Thi conclion can be dran fro the analyi of the tatitic fro the

Polih social Inrance Intittion (Zus). The intittion in copliance ith the Eu

reglation ie an adeqate for (E 1010) to peron eployed (and condcting

their individal bine activity in Poland) ho apply for job in other Eu con-

trie. unfortnately, the analyi of the nber of collected for doe not allo

for draing nabigo conclion a to the ize of the phenoenon becae

the for conring that a peron i eligible for ocial inrance in Poland can be

15 P. Blajer,Bardziej konieczno ni pomys na ycie [Neceity rather than a life plan] Rzeczpo-polita 26 October 2005, p. B 2.


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ied even everal time in the ame year. Bearing in mind thi limitation an in-

vetigation of tendencie hich occr in thi repect eem neverthele jtied.

To illtrate, in the rt fll calendar year ince Poland acceion to the Eropean

union the form a collected by 3,300 peron intending to take p bine activ-ity abroad, bt in 2007 the nmber of form ied a nearly qadrpled (13,400).

In 2009 a many a 15,800 Pole took tep alloing to condct their on bine

activity abroad16.

It i orth ndelining that a deciive majority of Pole ho intend to rn their

on binee abroad ant to do it in Germany. In 2009 a many a 52.1% of the

above mentioned form ere collected by peron intending to go to that con-

try. The folloing contrie ere alo choen a detination: Belgim (10.8%),

Noray (7.7%), France (6.7%), Holland (6.4%) and seden (4.7%)17. Thi i con-

rmed by German tatitic. According to the data from the Berlin Craft worker

union there ere 26,500 regitered companie rn by Polih citizen hich conti-

tted a mch a 86% of companie oned by citizen from the ne member tate

of the Eropean union. Althogh Poland i denitely the larget contry from the

ne one hich joined the Eu in 2004 thi relative dominance i not a big a the

tatitic ho. undobtedly, the factor hich contribte to the overrepreenta-

tion of Pole i the geographical proximity. Hoever, it i not difclt to oberve

that in thi repect or contry i not more privileged than the Czech Repblic

hoe inhabitant ho neverthele a mch maller initiative in etting p bi-

ne activity abroad.

A it a already mentioned, in line ith the Eu reglation the E 1010 formi ied for peron ho rn their on binee a ell a for thoe ho are

delegated by Polih companie ithin the tran-border ervice providing. After

ome increae of interet in thi kind of ork the nmber of application ho

a dropping tendency. To illtrate, in 2005 the nmber reached 81,000 and ent p

to 112,000 to year later. In the folloing year it reached the nmber of 105,000

and 99,00018.

The tatitic preented above demontrate that Polih orker contine to

ho coniderable interet in taking p ork in Germany hich till remain the

mot poplar contry in thi repect in the hole Eropean union. It need to be

pointed ot that from the rt decade of the ne centry e dealt ith a gradal

drop of interet in labor-related migration to the united state. The diatifaction

from maintaining the qite trobleome via procedre, hich are perceived by

many Polih people a hmiliating, on the one hand and on the other hand, the de-

16 Inforation concerning the eployent of Polih citizen in the Eropean Econoic Area (EEA)

and sitzerland and the inhabitant of the EEA in Poland, minitry of Labor and social Policy, may

2009, p. 22. Appendix 2 and Inforation fro may 2010, p. 42.17 Inforation concerning, may 2010, p. 42.

18 Inforation concerning, may 2009, p. 22. Appendix 2 and Inforation fro may 2010,p. 42.


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170 Toaz Bdnioi

creae of the relative vale of the dollar mean that a btantial nmber of poten-

tial migrant old change their detination for the anyay cloer Federal Repblic

of Gerany. In thi context the rigoro reglation hich are aintained by Ger-

any and hich ipede acce to their job aret i perceived by a vat ajority ofthe Polih pblic a nfair treatent directed againt the eatern neighbor. It hold

be noted that the critic of the retrictive policy adopted by the athoritie in Berlin

ephaize the Eu context of the proble. They reeber that Gerany (apart fro

Atria) ed the axi even-year tranition period dring hich the citizen of

the ne uE tate ere nable to tae p job ithot the relevant periion fro

an adeqate eployent ofce.

The average Pole i not aare of the fact that thee reglation are at leat in con-

tradiction ith the pirit of the Polih-Geran Treaty fro Jne 1991. Indeed, the

Treaty ay abot creating the ot favorable preie, epecially econoic, legal

and organizational for bine activity inclding indtry and ervice provided by

ingle and legal entitie.

At thi point it need to be ephaized that it i difclt to ee the pirit of the

Treaty in the analye pblihed by Geran job aret expert. In a ay it i hard

to lay clai againt the Geran econoit for ho after all the ot ipor-

tant objective i the good condition of their native econoy. Hoever, the Geran

econoy, a they theelve point ot in nero pblication ay in the near

ftre coe p againt a erio groth barrier in the for of a orforce hortage.

Thi decit ill rt of all concern highly qalied eployee. Geran expert e-

phaize that in thi context the Federal Repblic of Gerany ied a great chancehich becae available together ith the enlargeent of the Eropean union to

inclde ne contrie. It i not difclt any ore to coe cro a tateent that

cloing the border of Gerany for citizen of the ne eber tate fro eatern

Erope a a itae19. The ajority of labor igrant fro thee contrie (in-

clding rt of all Pole) ent to Ireland and Great Britain and contribted to the

groing properity in thee contrie20. Yet, alo in thi context no reference i ade

to the article of the Polih-Geran Treaty fro Jne 1991.

Intead, the Geran analyt dra attention to the fact that contrary to oe

OECD contrie Gerany doe not condct any ell-conidered igration policyhich old allo for deterining it hape. Firt of all, the lac of deciive tep

to recrit foreigner ith high profeional qalication i ephaized. The relt

19 J. mller, Standpunkt. Mindestlohn muss die Dienstleistungsfreiheit in der EU absichern,

IAB- -For 2/2010, p. 25, cf. alo: H. Bonin, Der Finanzierungsbeitrag der Auslnder zu den

deutschen Staatsnanzen: Eine Bilanz fr 2004, IZA Dicion Paper serie , Noveber 2006 and

H. Brcer, E.J. Jahn, Arbeitswirkungen der Migration. Einheimische Arbeitskrfte gewinnen durch

Zuwanderung,IAB-krzbericht No. 26/2010, pp. 1-7.20

H. Hinte, k.F. Zierann,Agenda Zuwanderung. Ein Zehn-Punkte-Aktionsplan fr gesteuerteArbeitsmigration und bessere Integration, wochenbericht de DIw Berlin No. 46/ 2010, p. 19.


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of the lat cen in the OECD contrie carried ot in 2000/2001 ho hge dipro-

portion in the direction of thi ind of igration. It trn ot that a any a 73% of

eigrant ith a higher edcation degree choe for contrie a their detination:

Atralia, Canada, Ne Zealand and the usA hile 22% choe the Eropean unioncontrie (ot of thi only 5% choe Gerany). Hoever, it need to be noted that

only 60% of the igrant are recrited fro the OECD contrie and abot 40% are

citizen of contrie fro otide of thi organization21.

The opinion ggeting that Gerany hold tae tep to recrit highly qali-

ed foreign profeional are not rarely accopanied by opinion ggeting that

oe eare hold be alo taen to liit the inx of people ith poor or no pro-

feional qalication. According to the vie of a ignicant nber of Geran

expert the bet intrent to achieve thi ai i the ini age. Introdcing it

old prevent redndancie in the copanie hich eploy a ignicant proportion

of orer of thi ind22.

sing p, it need to be tated that contrary to the proviion in article 9 of

the Treaty on Good Neighborhip and Friendly Cooperation beteen Poland and

the Federal Repblic of Gerany fro 17 Jne 1991 the ot favorable preie

provided by the article have not been created, epecially the econoic, legal and

organizational one for econoic activity inclding indtry and ervice provided

by ingle and legal entitie. Pole cold not cont on any privilege on the Geran

job aret. special difcltie ere experienced by copanie providing ervice

on the territory of Gerany. The far-reaching protectioni of the Geran job ar-

et relted in oe negative coneqence in the tal perception of Polih andGeran citizen. Thi becae epecially viible after Poland acceion to the E-

ropean union. Depite the fact that a deciive ajority of Pole intending to or

abroad ere going to go to Gerany, the political deciion eant that Great Britain

and Ireland ere the contrie here the igrant fond eployent. Thi enforced

change of direction for the labor-related igration did not have a ignicant ipact

on the developent of the econoic itation in Poland. It ee, hoever that it i

right to agree ith the opinion of Geran expert ho in the ajority ere critical

toard the deciion of the Berlin adinitration, both in the iddle of the rt dec-

ade of the ne centry and today. A they deontrate becae of thee deciion the

Geran econoy ffered coniderable loe. It i difclt to predict that the open-

ing of the border in may 2011 ill relt in a a inx of Pole. Hoever, it can

be expected that a vat ajority of the labor-related igrant ill conit of poorly

qalied peron and thee are not really anxioly aaited by Geran eployer.

21 H. Brcer, op.cit , p. 4, cf. alo: Ch. Anger, A. Plnnece, Signalisiert die Akademikerlcke eine

Lcke bei den Hochqualizierten? Deutschland und die USA im Vergleich, Iw Trend No. 3/ 2009,

pp. 19-30.22 J. mller, op. cit., p. 27.


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TOMASZ BUDNIKOWSKI: Poles on the German Job Market

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Transcript of TOMASZ BUDNIKOWSKI: Poles on the German Job Market