Access to the labour market

Portugal

Country Report: Access to the labour market Last updated: 26/05/22

Author

Portuguese Refugee Council Visit Website

The Asylum Act provides for the right of asylum seekers to access the labour market following admission to the regular procedure and the issuance of a provisional residence permit.[1] In case of admission to the regular procedure, access to the labour market can therefore be granted after 7 days in the context of the border procedure or after 10 to 30 days in procedures on the territory.[2] Furthermore, asylum seekers entitled to access the labour market can also benefit from support measures and programmes in the area of employment and vocational training under specific conditions to be determined by the competent Ministries.[3]

There are no limitations attached to the right of asylum seekers to employment such as labour market tests or prioritisation of nationals and legally resident third country nationals. The issuance and renewal of provisional residence permits by SEF, which clearly state the right to employment,[4] are free of charge.[5] The only restriction on employment enshrined in the law consists in limiting access to certain categories of the public sector for all third-country nationals.[6]

Asylum seekers benefit from the same conditions of employment as nationals, including regarding salaries and working hours.[7] The law provides, however, for specific formalities in the case of employment contracts of third-country nationals such as the need for a written contract and its (online) registration with the Authority for Labour Conditions (Autoridade para as Condições do Trabalho, ACT).[8]

With the exception of the submission of beneficiaries of international protection to the same conditions applicable to Portuguese nationals,[9] there are no specific rules regarding the recognition of diplomas and academic qualifications in the Asylum Act. The general rules for the recognition of foreign qualifications at primary, lower, and upper secondary levels include conditions that are particularly challenging for asylum seekers and beneficiaries of international protection (see Access to Education).

There are no statistics available on the number of asylum seekers in employment at the end of 2021. The Employment and Vocational Training Institute (Instituto do Emprego e Formação Profissional, IEFP),[10] did not provide data on applicants and beneficiaries of international protection registered in their services for 2021.

A study focusing on the situation of asylum-seeking unaccompanied children and ageing out in Portugal published in 2021 revealed that, out of those consulted, 34.3% were working, mostly in civil construction. Only 65.2% of those questioned deemed the salaries as fair compensation for the work performed.[11]  The analysis conducted concluded that the participants are mostly engaged in unspecialised and likely precarious jobs.[12]

In CPR’s experience, asylum seekers and beneficiaries of international protection face many challenges in securing employment that are both general and specific in nature.

In December 2021, the unemployment rate stood at around 5.9% for the general working population.[13] The general context is also marked by specific fragilities that include poor language skills and consequent communication difficulties, and professional skills that are misaligned with the needs of employers.

Challenges of a more bureaucratic nature include: difficulties in obtaining recognition of diplomas (particularly relevant for regulated professions); lack of or difficulties in obtaining a social security identification number (Número de Identificação da Segurança Social, NISS) or fiscal identification; or the provisional residence permit stating not to be an identification document.[14] As a result, employers are sometimes reluctant to hire asylum seekers. Additional challenges include the lack of support network, limited knowledge about the labour market and cultural norms, difficulties in accessing certified training due to lack of proof of prior qualifications, and competition in the labour market. In the particular case of victims of torture and/or serious violence, specific vulnerabilities related to health, mental health and high levels of anxiety related to the uncertainty of the asylum procedure, separation from relatives, and financial instability that hinder the ability to focus on a medium-long term individual integration process have also been identified as relevant factors (see Special Reception Needs).

Some practical obstacles in obtaining a fiscal or social security number previously identified by CPR (particularly within the COVID-19 pandemic) were overcome throughout the year through cooperation with the ISS and fiscal services.

CPR provides literacy and Portuguese language training free of charge to asylum seekers who are accommodated at CAR, CACR, in private housing provided by the institution, and to asylum seekers and beneficiaries of international protection assisted by other institutions that live nearby CPR’s facilities or that can easily reach them. This training includes a sociocultural component, with activities inside and outside the classrooms, aiming to promote integration in the hosting society.

According to available information asylum seekers are also able to register with IEFP to access to Portuguese language training.

Among the challenges traditionally encountered in this area are the lack of training tailored to persons with low levels of education/illiteracy/poor knowledge of the Latin alphabet, the limited availability of alphabetic training for foreigners, as well as limited availability of training at B1 and B2 levels due to group size requirements. This was particularly challenging in certain parts of the country with lower numbers of eligible learners.

In August 2020, the framework for Portuguese language training (Português Língua de Acolhimento) was revised by Ministerial Order 183/2020 of 5 August.[15]

The new legal framework for public Portuguese language training created the “Portuguese as a host language” courses, aiming to respond to the challenges identified, inter alia:

  • Reducing the size of training groups and the minimum number of trainees required, while maintaining the possibility to exceptionally create groups that are smaller/larger than required;
  • Extending the entities that may organise relevant courses;
  • Introducing a learning unit aimed at trainees that are unfamiliar with the Latin alphabet.

Nevertheless, according to the experience of CPR’s Integration Department, access to such training remained limited and challenging throughout 2021.

ACM also funds informal language trainings, that are delivered by municipalities and civil society organisations, including CPR.[16] In 2021, Loures Municipality (where CAR and CAR 2 are located) also developed a Portuguese language training initiative for foreigners.[17]

The pandemic continued to pose significant challenges to the implementation of Portuguese language courses by CPR throughout the year. These were mostly due to periods of isolation/quarantining, and to the reduced capacity of classrooms in order to ensure social distancing. Nevertheless, in 2021, 1,096 hours of training and 15 sociocultural activities were provided by CPR.

A partnership between CPR and the Faculty of Social and Human Sciences of NOVA University continued to enable the referral of applicants for and beneficiaries of international protection to Portuguese language classes throughout the year.

In March 2016, ACM launched an Online Platform for Portuguese to promote informal learning of Portuguese. The modules are currently available Portuguese, English, Spanish and Arabic. Information on the functioning and impact of the initiative was not available to CPR at the time of writing.

CPR’s Professional Insertion Cabinet (GIP), which operates at CAR since 2001 in the framework of a MoU with IEFP, offers individual assistance and training sessions on job search techniques, recognition procedures, search and referrals to vocational training and volunteering opportunities.

Despite the adjustments imposed to service provision within the context of the coronavirus pandemic (e.g., whenever possible, information and assistance were provided by remote means), the continuity of integration-related support provided by CPR was ensured throughout the whole year.

Other organisations that provide employment assistance to asylum seekers, include JRS that also offers a robust employability programme in partnership with private sponsors as well as personal skills training and vocational training in areas such as food retail, domestic services, geriatric care, food and beverage, hostelries or childcare.[18]

Upon admission to the regular procedure, asylum seekers can also register as “job applicants” with the IEFP, being able to search for jobs, and benefit from vocational training and assistance.

While there are no specific programmes targeting applicants for and beneficiaries for international protection, asylum seekers admitted to the regular procedure and beneficiaries of international protection are included among the target population of some of IEFP’s employability support measures.

Governmental programmes Estágios ATIVAR.PT (which provides for 9 month paid internships) and Incentivo ATIVAR.PT (which provides financial incentives to employers who recruit employees for 12 months or longer under the obligation to provide them with vocational training)[19] include refugees in its priority groups.[20] As such, applicants are exempt of the need to be registered with IEFP for a certain period to be eligible and the financial support provided to the employer is increased by 10%.

According to CPR’s experience, the main challenge faced by applicants/beneficiaries of international protection within this context is that the amount paid to interns by the programme depends on their level of qualifications. As many applicants/beneficiaries of international protection cannot prove their qualifications, most of them are only eligible to the lowest tier of grant (in 2021, € 438.81).[21]

Regarding vocational training, the low level of language skills associated with the lack of diplomas and/or potentially challenging recognition procedures described above, render access to vocational training offered by IEFP and its partners within the public system challenging to most asylum seekers and beneficiaries of international protection while vocational training in the private sector is generally unaffordable. In this regard, as of 2018 asylum seekers admitted to the regular procedure and beneficiaries of international protection that are unable to present the relevant diplomas/certificates or whose documents and academic qualifications have not been recognised in the Portuguese educational system are registered by IEFP as “literate users” in the SIGO platform.[22] Other than Portuguese language training courses, such registration only provides access to: (a) modular training[23] at basic education level; (b) training in basic skills (reading, writing, calculation and information and communication technologies) in preparation for EFA Courses; and (c) Education and Training Courses for Adults (Cursos de Educação e Formação para Adultos, EFA) with equivalence to the 4th or 6th year of basic education or a professional certificate.[24] Neither modular training nor training in basic skills entail an academic certification.

In the context of relocation, ACM has created a Refugee Support Unit as well as tailored services within the National and Local Support Centres for the Support of Migrants (Centros Nacionais e Locais de Apoio à Integração de Migrantes, CNAIM/CLAIM) to support asylum seekers (e.g., hiring a permanent Arabic-speaking intercultural mediator, promoting entrepreneurship training for refugees). A number of services, such as free legal support and information on employment, training and recognition of qualifications, provided by multiple institutions, are available at CNAIM, a space also known as one-stop-shop. ACM has also launched the Refujobs online platform, that aims to match potential employers and asylum seekers and beneficiaries of international protection looking for employment as well as to build their capacity for self-employment. Between 2018 and 2020, ACM and the Institute of Tourism (Instituto do Turismo) had a partnership for the provision of certified vocational training for applicants for and beneficiaries of international protection.[25] CPR is not aware of similar programs in 2021.

In the course of 2021, CPR implemented the “Ready, Set, Go” project aiming to support the integration of unaccompanied children over 15 years old in the job market, internships and training opportunities.[26]

 

 

 

 

[1] Articles 54(1) and 27(1) Asylum Act.

[2] The 10 days correspond to the time limit of admissibility decisions in subsequent applications and applications following a removal order (on the territory) and the 30 days to the remaining admissibility procedures in the territory: Articles 33(4)-(5), 33-A (5) and 20(1) Asylum Act.

[3] Article 55 Asylum Act.

[4] Ministerial Order 597/2015.

[5] Article 84 Asylum Act.

[6] Article 15(2) Constitution and Article 17(1)(a) and (2) Act 35/2014.

[7] Article 4 Labour Code.

[8] Article 5 Labour Code.

[9] Article 70(3) Asylum Act.

[10] The Employment and Vocational Training Institute (IEFP) is the public service responsible for employment at national level. For more information, see the official website available in Portuguese at: https://bit.ly/3LFhSeq.

[11] Sandra Roberto, Carla Moleiro, ed. Observatório das Migrações, De menor a maior: acolhimento e autonomia de vida em menores não acompanhados, April 2021, p.46, available at: https://bit.ly/3fqMKBK.

[12] Ibid, 64.

[13] Eurostat, ‘Euro area unemployment at 7.0%’, 1 February 2022, available at: https://bit.ly/3Jowbmz.

[14]  Ministerial Order 597/2015.

[15] Available at: https://bit.ly/39Z9WF0. A guide by IEFP on the organisation of trainings under the new framework is available at: https://bit.ly/2Qd2Jdc.

[16] For more information on these programmes see ACM, Learning of the Portuguese Language, available at: http://bit.ly/2iqmXQg.

[17] See https://bit.ly/3FJ31g0.

[18] For 2018, see JRS, Projecto Integra +, available in Portuguese at: https://bit.ly/2MXK6EE, which provided support to 22 trainees, of whom 19 were able to secure employment by the end of the 5-month programme.

[19] Additional information is available at: https://bit.ly/3uFUhlC.

[20] It was not possible to confirm whether applicants for international protection admitted to the regular procedure are also included as was the case with previous similar programmes.

[21] See https://bit.ly/3KDntSG and https://bit.ly/3jCG2KN.

[22] Integrated Information and Management System for Education and Training Courses (Sistema Integrado de Informação e Gestāo da Oferta Educativa e Formativa, SIGO) which contains a national catalogue of education and training courses offered by training institutions at national level and the certification of individual trainees: DGEEC, ‘Sobre o Sistema Integrado de Informação e Gestão da Oferta Educativa e Formativa’, 3 July 2017, available in Portuguese at: https://bit.ly/2uok84C.

[23] Modular training aims to refresh and improve the practical and theoretical knowledge of adults and improve their educational and vocational training levels. For more information see IEFP, Fomação Modular, available in Portuguese at: https://goo.gl/aCPTXi.

[24] IEFP, Cursos de Educação e Formação para Adultos (Cursos EFA), available in Portuguese at: https://bit.ly/2HCey7a.

[25] Observatory for Migration, Entrada, Acolhimento e Integração de Requerentes e Beneficiários de Protecção Internacional em Portugal – Relatório Estatístico do Asilo 2020, May 2020, p 211, available in Portuguese at: https://bit.ly/2MGYtB9.

[26] For more information see https://bit.ly/37eCZWD.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation