The social security of irregular immigrant workers, as compared to the social security of nationals who perform work in an undeclared way
Bibliographic record
Abstract
The growing number of irregular migrant workers, i.e. unlawfully or lawfully present foreigners who engage in employment although not legally authorised to do so, poses a challenge for national social security policy. The challenge is twofold. First, irregular work by foreigners is usually undeclared work, i.e. work for which no social security contributions and taxes are paid. Second, irregular migrant workers may be confronted with the realisation of a social risk, such as the loss of income due to the birth of a child or the need for health care. This poses the question for social security of how to deal with people who have no authorisation to work in the country, and possibly also no authorisation to reside there. Preliminary investigations have shown that both legal science and national legislators struggle with this question.The doctoral research of Klaus Kapuy sought to contribute to the current legal discourse on the social security status of migrants in an irregular situation. It was the aim of the research to come up with suggestions on how to treat irregular migrant workers in national social security law by deploying a method which has not hitherto been used in legal research: an analysis of social security law itself. In order to understand the mechanisms of social security law better, the author has not only looked at the treatment of irregular migrant workers, but also at the treatment of a reference group. The reference group the author identified consists of nationals whose work is not declared to social security authorities. The comparison between irregular migrant workers and undeclared national workers has been conducted in three different countries (Belgium, Canada and the Netherlands) and the results of the country investigations have been compared between the three countries. In order to better understand the results of the analysis of national law and to ascertain the legal limits of any proposal on the legal position of irregular migrant workers, the author also investigated the existing international legal framework in this field.This approach has proven to be beneficial. The analysis of national and international law has produced some interesting insights, which have allowed Klaus Kapuy to elaborate a proposal for a coherent social security policy towards irregular migrant workers. The policy proposal is based on the idea that the objectives and logic of social security should be decisive in determining the status of irregular migrant workers in national social security law, although without undermining the objectives of immigration law and without contravening international legal obligations.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.000 | 0.001 |
| Science and technology studies | 0.002 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".