Migración laboral

Abstract

"Migration is a reality that is increasingly present in our society, an activity that does not discriminate between ages, social classes, ethnic groups, and others. This phenomenon has developed throughout the history of mankind, due to multiple factors such as economic, social, educational, labor, among others; Due to the demographic and socio-economic impact that physical displacement from one place to another produces, in the understanding that they affect both the receiving countries and the countries of origin, it results in a social problem that is almost impossible to stop if the receiving country does not count with public policies that in turn control and mitigate the phenomenon of migration, looking for better opportunities for people in this vulnerable state, as is the case of the illegal immigrant and certainly not destabilizing the Colombian people. This phenomenon can be understood from two perspectives, the (l) emigration and (ll) immigration, understanding these according to the glossary on migration of the international organization for migrations as (l) ""Act of leaving a State for the purpose of settling in another. ""And (ll)"" Process by which non-nationals enter a country in order to settle there. "" For the Colombian case, according to data from the Foreign Ministry, the migratory phenomenon has been characterized by a great mobility of population, which is registered in three waves included in the periods of the decade of the sixties (mostly to the United States, first wave), the decade of the eighties (directed to Venezuela, second wave) and the decade of the nineties (on routes to Spain, third wave). To the above, a ""fourth wave"" can be added, generated by the constant displacements made by Venezuelan citizens to the national territory, as a consequence of the tense political and social situation of recent years. It is from this point that seeks to develop the present research, specifically on those people who are in the national territory under the condition of ""illegality"" and the implications this brings in the workplace. The concern of the previous approach stems from the vacuum that exists in terms of minimum labor guarantees for these people in a situation of illegality, which in light of this obvious disadvantage can generate two scenarios; (l) that companies refrain from hiring the services of these persons or (ll) that their hiring is generated under conditions that are below those legally established. Under this perspective, we seek, first, to analyze the phenomenon of immigration in order to seek to propose new tools that allow us to face this phenomenon, based on the relevance of the role of the state in dealing with this phenomenon. For this purpose, comparative law will be used as an instrument of study, in order to analyze a similar situation of which a positive scope has been achieved in relation to the phenomenon of immigration, and which may be useful in the face of the current situation of the Colombian State. . Although by 2018 the UN seeks to reach a non-binding pact with common guidelines for the humanitarian management of migratory movements and refugees, it is understood that this is an excellent opportunity for Colombia's participation; This is so that the State is strengthened not only by public policies, but also by international standards that guarantee the fundamental right to work to every immigrant in a situation of illegality."