B. Employment and education
1. Access to the labour market
Indicators:
-
Does the legislation allow for access to the labour market for asylum seekers?
Yes
No
If applicable, what is the time limit after which asylum seekers can access the labour market
Are there restrictions to access employment in practice?
Yes
No
Applicants have access to the labour market under the conditions laid down in Article 4 paragraph 1 (c)
of the Presidential Decree 189/1998. Specifically, they need to apply to the Ministry of Labour provided
they have a valid asylum seekers’ card -‘pink card’- and provided that the work market for the specific
profession has been researched by the Manpower Employment Organization (OAED) and no interest
has been demonstrated by a Greek citizen, an EU citizen, or a recognized refugee. Applicants who
want to work and fulfil these criteria shall receive a temporary work permit according to Article 4
paragraphs 2 and 3 of the Presidential Decree 189/1998. This temporary work permit is not subject to
any fee and expires 30 days after the expiry of the pink card. Further, it is not to be withdrawn during the
examination of an applicant’s appeal, until a negative decision on the appeal is served.
This priority given to Greek and EU citizens makes it exceptionally difficult for asylum seekers to find
employment. This restriction is aggravated in the current context of financial crisis and xenophobia in
Greece resulting in a large number of asylum seekers being subjected to extreme poverty due to lack of
any financial means. There have been cases where an employer may be requesting to employ a
specific asylum seeker but due to this restriction prioritizing Greek and EU citizens, the work permit may
not be renewed, posing obstacles to both employers and potential employees.
Illegal employment is also a practiced trend asylum seekers resort to with severe repercussions, mainly
lack of certain basic social rights which in turn subjects them to further poverty.
In case applicants find employment while residing in an Accommodation Centre, they must inform the
Director of the Centre. The law does not provide for consequences in case they do not inform the
Director. In practice, the time of stay in these centres is very short and there are no instances known to
the author where an asylum seeker has found employment while staying there.
2. Access to education
Indicators:
-
Does the legislation provide for access to education for asylum seeking children?
Are children able to access education in practice?
Yes
Yes
No
No
According to Article 9 Presidential Decree 220/2007 the minor children of applicants and applicants who
are minors have access to the education system under similar conditions as Greek nationals as long as
there is no pending enforceable removal measure against them or their parents. Children of citizens of a
third country can enrol at public schools with incomplete documentation if they are:
a. granted refugee status by the Greek state,
b. come from regions where the situation is dangerous,
c. have filed an asylum claim and
d. are third country nationals residing in Greece, even if their legal residence has not been settled
yet.
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