The Social Security Position of Irregular Migrant Workers

New Insights from National Social Security Law and International Law

By Klaus Kapuy

How should a State treat an irregular migrant worker, i.e. a foreign worker without authorization to stay and/or work in the country, who is confronted with the realization of a social risk? For instance, how should the State deal with an irregular migrant worker who becomes incapacitated for work due to a labor accident? Should he/she be treated like any other worker and qualify for income replacement benefits, medical benefits, and labor-market reintegration measures? Or should the worker be denied benefits since he/she lacks work authorization and may also lack authorization to be in the country? This book addresses these questions and sets out proposals on how irregular migrant workers should be treated in national social security law. These are based on an analysis of the current social security position of irregular migrant workers and of a reference group, i.e. a country's own nationals who engage in undeclared work, in three selected Western States: Canada, Belgium, and the Netherlands. In addition, the book conducts an in-depth investigation of the existing international legal framework (UN, ILO, EU, and CoE law), in order to ascertain the legal limits of any proposal on the legal position of irregular migrant workers. (Series: Ius Commune Europaeum - Vol. 97)

786 pages

Publication Date: 12/30/2011
Format: Paper
ISBN: 9781780680309