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LEGALITY: JURNAL ILMIAH HUKUM
Journal homepage: http://www.ejournal.umm.ac.id/index.php/legality

Legal Challenges to the Protection of Labor
Rights of Refugees in the Digital age
Tetyana M. Vakhoneva1*, Dmytro A. Mykolayets2, Yuliya M. Hryshyna3,
Viktoriia V. Yurovska4, Olha A. Dyachenko5
1,5 Department of Labor Law and Social Security Law, Taras Shevchenko National University of

Kyiv, Kyiv, 01033, Ukraine
2 Research Institute of Public Law, Kyiv, 03055, Ukraine
3 People's Deputy of Ukraine of the 9th Convocation, Kyiv, 01008, Ukraine
4 Department of Labor Law, Yaroslav Mudryi National Law University, Kharkiv, 61024, Ukraine
*Corresponding author: tetyana_vakhoneva@edu-knu.com

Article

Abstract

Keywords:
Employment;
refugees;
status; right to work; war.

The relevance of the problem of protection of the rights of persons granted refugee
status is due, in particular, to the fact that the increase in the number of refugees
and related political, economic, and social problems confirms the need to reassess
and rethink the legal status of this category of persons and to develop a new
approach to the analysis and solution of the refugee problem at both international
and regional levels. The situation in Ukraine also confirms the fact that not all
states are ready to cooperate within the framework of international law and prevent
human rights violations, which, in turn, can lead to an increase in the number of
refugees. Therefore, the issue of protecting their rights does not lose relevance in
scientific research. The purpose of the article is to study the general features of
obtaining refugee status and the exercise of the right to work by such persons. The
author analyzes the normative sources of international and national law on the
relevant topics. In addition, the author examines the practical aspects of the exercise
of the right to work by refugees, in particular the problems faced by such persons
and suggests possible solutions to existing problems. The leading method used for
the study is the formal legal method. Its application determined the feasibility and
validity of the study. This method was used in the analysis of legal acts regulating
the protection of labor rights of refugees, namely: acts of international law,
legislation of the EU member states, Asian countries, as well as national law of
Ukraine.

Article History
Received: May 31, 2023;
Reviewed: Jun 1, 2023;
Accepted: Aug 23, 2023;
Published: Sep 7, 2023.

Copyright ©2023 by Author(s); This work is licensed under a Creative
Commons Attribution-ShareAlike 4.0 International License. All writings
published in this journal are personal views of the authors and do not represent
the views of this journal and the author's affiliated institutions.

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INTRODUCTION
The history of the right to asylum has deep historical roots. It originated almost
simultaneously with the emergence of law itself as a regulator of interpersonal and
interstate relations. For a long time, this right existed in the form of customary law,
but it was periodically reflected in certain legal acts of states. The right to asylum was
enshrined in universal international legal acts in the twentieth century. This was
influenced by several factors: an increase in the number and scale of armed conflicts;
development of communication and logistics; political and ethnic persecution, etc. In
the right to asylum, there are separate institutions, including forced migrants, refugees,
and persons in need of complementary or temporary protection (Soroka, 2021).
The modern world is becoming more and more confrontational and conflictual,
and the number of wars is increasing, which leads to a significant increase in migration
flows. Thus, in some European countries, there were violent political processes that
forced citizens of these countries to seek asylum and protection in other countries.
The emergence of such an unprotected category of persons significantly affects the
state of economic, cultural, and social development of society and requires special legal
regulation. Thus, issues related to this phenomenon are constantly in the field of view
of not only international humanitarian organizations but also governments of many
countries, including the Ukrainian one. Governments usually guarantee basic human
rights and physical security to their citizens. However, when civilians become refugees,
this safety aspect disappears (Pavlova, 2014).
The key problem in protecting the rights of all refugees is that, on the one hand,
international law has provided them with the right to seek asylum, and on the other
hand, it has not provided states with the corresponding obligation to provide such
asylum. Consequently, there is an imbalance between the rights of one subject and the
obligations of another to ensure the realization of these rights. Currently, the
realization of the right to asylum by persons in practice is ensured by acts of
international law, as well as the activities of international organizations and specialized
bodies within the UN. This is due to the fact that in the practice of international law,
there is no obligation of states to grant asylum. However, at the same time, it can be
stated that this situation is quite logical because each state protects its own economy
and labor market.
Considering cybersecurity and protecting the privacy of refugees’ data when they
use digital platforms to find work and communicate with employers is an important
part of protecting their rights (Jaelani, et. al, 2023). The process of Ukraine's integration
into Europe, deepening of international cooperation in all spheres of human activity,
including jurisprudence, and globalization processes that can be traced in the world,
and, of course, that are primarily aimed at protecting human rights determine the
actualization of scientific developments related to these phenomena. The existing
internal problems, which create additional difficulties in ensuring the protection of
refugees, require the improvement of domestic legislation on the legal status of
refugees in order to comply with international standards and the modern content of
migration relations. The intensification of migration processes among the world's

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population along with positive trends has negative consequences: some people are
forced to leave their countries due to civil wars, armed conflicts, economic or sociopolitical crises, discrimination on various grounds, seeking asylum outside the country
of origin (Hrabar, 2008).
The issue of refugee protection is relevant all over the world. According to 2021
data provided in the Global Trends Report 2020, which was published in 2022, there
are 30.5 million refugees and asylum seekers in the world (Billing, 2021). The issue of
refugees is systematic in the countries of Southeast Asia, making it interesting to
analyze in the context of refugee protection. The Southeast Asian region faces
significant flows of refugees and internally displaced persons due to political conflicts,
ethnic tensions, internal violent conflict, civil wars, and natural disasters. There are
2172 refugees and 2430 asylum seekers in Ukraine (Global Trends Forced
Displacement, 2020). It is worth noting that the presented global data show the
situation at the beginning of 2021. We are sure that in 2022 the situation will change
dramatically because as a result of the armed aggression of the Russian Federation in
Ukraine, many citizens had to leave for foreign countries to protect themselves. The
situation in the world as a result of Russia's full-scale invasion once again emphasizes
the relevance and need to study the issue of refugee protection.
METHOD
The leading method used for the study is the formal-legal method. Its application
determined the feasibility and validity of the study (Gunawan et al., 2023; Mujib &
Muchlas, 2023). This method was used in the analysis of legal acts regulating the
protection of labor rights of refugees. In particular, the use of this method allowed the
author to analyze international legal acts at a universal level on the protection of
refugees' rights. In addition, the relevant method was applied to analyze the EU law
on the protection of refugees in general and Ukrainians in particular. Also, the
application of the formal legal method provided an opportunity to analyze the national
legislation of the selected countries, namely: Estonia, Slovakia, and Ukraine.
Moreover, in the article, the author applied the methods of analysis and synthesis.
Its application provided reliable results in many areas of research. First of all, this
method was applied in the analysis of EU, South East Asia studies, and international
law in the context of granting refugee status and temporary protection and highlighting
the legal features of this status. Also, the method of analysis and synthesis was used by
the author in the study of the peculiarities of the exercise of the right to work by
refugees from Ukraine in Estonia and Slovakia. In addition, the application of the
method of analysis and synthesis made it possible to analyze the practical situations
and problems faced by refugees in Ukraine in the exercise of the right to work. Also,
based on this method, the author identified ways to solve the problems that arise when
refugees exercise the right to work in Ukraine.
The systematic method was mainly applied in the consideration of various
problems faced by refugees in Ukraine in employment, in particular: xenophobia,
stereotyped attitude towards foreigners, ignorance of legislation and legal framework;

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low level of integration into society; lack of knowledge of the language, etc. It was
noted that the states are obliged to ensure that refugees legally staying in their territory
are able to exercise the right to work on an equal basis with foreign citizens. The
method of induction and deduction is applied along with the systematic method. Based
on numerous individual experiments, a general conclusion was formulated, which is
reflected in the article. The methods of scientific induction and deduction are used
mainly to establish empirical relationships between the properties of objects and
phenomena considered in the work.
The comparative method was applied to analyze all the legal acts mentioned in the
work, in particular, in order to understand how the studied acts comply with the
requirements of universal international law. The author concludes that the national
legislation of Estonia, Slovakia, and Ukraine on the protection of refugees and their
right to work complies with the 1951 Convention and its Protocol. The relevant acts
have been ratified by the States under review. Moreover, the author concludes that the
legislation of the Union within its competence is in line with the developments of
international law. The method of historical research was applied to study the formation
of the right to asylum, its origin, and consolidation as a norm of international law of
universal character. Also, this method was applied by the author to analyze the factors
that led to the legal consolidation of the right to asylum.
RESULTS AND DISCUSSION
Protection of refugee rights in international law
For a better understanding of international refugee law, it is necessary to define
‘refugee’. In accordance with the 1951 Convention relating to the Status of Refugees,
a refugee is a person who is outside the borders of his or her native country owing to
a well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, and is unable or, owing
to such fear, is unwilling to avail himself or herself of the protection of his or her
country... (Convention relating to the Status of Refugees, 1951). Persons who
participated in war crimes, including terrorist acts, and violated humanitarian law or
human rights are categorically denied the protection guaranteed to refugees. The
International Protocol Relating to the Status of Refugees of 1966 specifies the concept
of refugee by time (Protocol relating to the Status of Refugees, 1966).
International refugee law aims to ensure the humane treatment of the most
vulnerable groups of people. Therefore, it is closely related to international human
rights law, which aims to preserve the dignity and well-being of every human being.
The share of human-centered norms in international law is steadily increasing. The
basis of these norms is the principle of respect for human rights and fundamental
freedoms, which implies their general significance: 1) extension of rights and
fundamental freedoms to all people without any discrimination; 2) involvement of all
states in appropriate actions to ensure these rights; 3) ensuring fundamental rights and

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freedoms both in normal life situations and in states of emergency or during armed
conflicts (Kotlyar, 2014).
The rights of refugees can be divided into the following groups: specific rights of
refugees arising from the institution of international protection; rights that refugees
enjoy on an equal footing with citizens of the country of asylum; rights that refugees
enjoy on an equal footing with other foreign citizens who are legally present in the
country of residence (Cherkes, 2002). One of the fundamental human rights enshrined
in Article 14 of the Universal Declaration of Human Rights, 1948 is the right to asylum
(Universal Declaration of Human Rights, 1948). However, staying in the territory of a
foreign country requires acquiring a formal status that allows either to stay legally in
the country or to move legally to a third country. Thus, asylum seekers need to have
their status determined based on a fair and objective procedure and to obtain
documents (including travel documents) valid both in the host country and in other
countries.
The principles of the international legal status of refugees are, of course, the
guiding ideas; they are fundamental principles that determine the essence and content
of the legal status of this group of participants in relations under international law, limit
the behavior of states to observe and respect the rights of refugees, perform the
formative functions of the human rights system, and regulate the competence of the
state in applying the norms on refugees. It is important that through the procedure of
implementation of international law into domestic law, the international legal
principles of refugee status move to the level of the principles of law of a particular
state but do not lose their international legal quality (Chuyenko, 2018). We emphasize
that granting asylum is the exclusive prerogative of the state and is a political issue.
Adopted by the UN General Assembly on December 14, 1967, the Declaration on
Territorial Asylum in paragraph 3 of Article 1 states: the assessment of the grounds for
granting asylum rests with the granting State (Declaration on Territorial Asylum, 1967).
It should be emphasized that, as noted earlier, refugees have the full range of
rights that belong to every human being, i.e., natural rights. Based on this, it can be
argued that refugees should be allowed to exercise the human right to work. This is
confirmed by Article 17 of the 1951 Convention, which states that the receiving states
must provide refugees lawfully residing in their territory with the opportunity to
exercise their right to work, through employment. At the same time, states are obliged
to provide refugees with favorable conditions for such work on the same terms and
conditions as those applicable to foreign workers. In addition, according to Article 18
of the Convention, refugees also have the right, on equal terms with foreigners, to
carry out independent work in the territory of the host state in agricultural, industrial,
commercial, and craft industries. They should also be provided with the right to
establish industrial and trade companies on equal terms with foreign citizens. It is also
worth noting the provisions of Article 19 of the 1951 Convention, which grants such

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persons the right to engage in free professions (Convention relating to the Status of
Refugees, 1951).
Unlike Europe, the Asian continent does not currently have its own regional
human rights protection system. The Asia-Pacific Declaration on the Rights of
Individuals and Peoples (1988), which was adopted on February 15, 1988 in Delhi
(India) is the official international document, which can identify the contours of the
Asian approach to the protection of human rights. The Declaration enshrines the
following rights: the right to life (no one should encroach on one’s life, all individuals,
peoples and states are obliged to respect the right of all to life, regardless of the race,
sex, religion, nationality, level of development); the right to peace and security in one’s
inner circle, the state, in the world (preservation of peace and security is the duty of
every individual, every nation, every state); the right to a decent life, regardless of the
race, nationality, religion, gender, level of development; the right to live in a favorable
environment (preserving the proper state of the environment is the duty of every
individual, nation and state); the right to development (every individual can participate
in economic, social, cultural and political development that ensures all human rights
and fundamental freedoms, and has the right to promote such development and enjoy
its benefits); the right to be free from violence and fear (Levchenko et al., 2021).
Thus, we can state that the acts of international law in general enshrine the right
to work and guarantee the need for its observance in relation to refugees. Given the
fact that refugees have always existed in world history and now these processes have
not decreased, countries cannot be indifferent to the issue of ensuring their rights.
They should have appropriate programs and develop effective means of regulating the
protection of the labor rights of such persons. The obligations of states under
international treaties, according to provisions of national legal acts, are to provide for
equal access to a set of fundamental rights to all refugees who are legally staying in the
territory of the host state.
Protection of refugee rights in Southeast Asia
The problem of refugees in Southeast Asia is systematic and acute. The Southeast
Asian region faces significant flows of refugees and internally displaced persons due to
political conflicts, ethnic tensions, internal violent conflict, civil wars, and natural
disasters. This poses serious challenges to the countries of the region regarding the
reception, protection, and integration of refugees (Sornarajah, 2009).
The number of refugees in the ASEAN is not significant compared to the global
refugee population. All the ASEAN countries are parties to three main human rights
treaties, namely: the Convention on the Elimination of Discrimination against Women,
the Convention on the Rights of the Child, and the Convention on the Rights of
Persons with Disabilities. The ASEAN Human Rights Declaration (2012) affirms "the
right to seek and receive asylum in another state in accordance with the law of that
state and the international treaty in force". This offers a vague possibility of realization

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of refugees’ rights without enforcement of obligations and practicality. Without the
recognition and the appropriate legal status in the country, the persons concerned are
subject to exploitation, deportation, repatriation, and punishment, as well as very
limited access to work, health services, education, and personal safety in accordance
with the national system.
To date, Cambodia, the Philippines, and Timor-Leste are the only countries in
Southeast Asia that have adopted the 1951 UN Convention and the 1967 Protocol
related to the status of refugees. The 1951 Convention and the 1967 Protocol oblige
the United Nations High Commissioner for Refugees (UNHCR) to coordinate three
long-term solutions for refugees as follows: local integration in the host country,
voluntary return to the refugee's country of origin, or permanent cross-border
resettlement in a third country, such as the United States. The agreements prohibit
signatories from forcibly returning refugees to the countries they fled, according to the
principle of customary international law known as non-refoulement. Signatories must
also guarantee rights such as access to primary education, paid work, and housing.
Instead of adopting this international framework, individual Southeast Asian
countries have slowly developed their own refugee policies, often in response to
emergencies. However, states that did not approve the Convention have not
completely avoided the principle of non-refoulement. Although most Southeast Asian
countries avoid binding international legal obligations on refugees, in practice they
respect some basic principles of international law.
In August 2017, a conflict between Myanmar's military forces and Rohingya
armed groups led to a violent escalation that caused a large wave of refugees. The
Rohingya case refers to the Rohingya ethnic group, which makes up the majority of
the population of Rakhine district in Myanmar. The Rohingya people are a recognized
Muslim minority that has been oppressed and discriminated against for decades.
Thousands of Rohingya people crossed the border of Bangladesh seeking asylum and
protection. This massive flow of refugees created a humanitarian crisis in Bangladesh,
where the government and international humanitarian organizations tried to provide
vital services and assistance to refugees.
The Rohingya case received considerable international attention, condemning
violence and human rights violations, including ethnic cleansing and violence by the
Myanmar military system. The UN and other international organizations demanded
effective measures to protect the Rohingya, attracting political pressure on the
Myanmar government. Despite international pressure, the Rohingya rights situation
remains unsatisfactory. Many Rohingya refugees remain in Bangladesh, where they are
still threatened by insecurity and instability. The restoration of rights and the return of
refugees to their homeland are complex tasks that require consideration of political,
legal, and humanitarian aspects in the protection of the rights of the Rohingya.

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International law has played a great role in the development of the Asian region.
However, given the specific features of the region, Asian states "should have a
sufficiently strong supreme authority in order to contribute to the protection of their
interests and not to comply with the orders of organizations led by the leading
countries (Britchenko & Cherniavska, 2019). One of the basic tenets of Western ideas
about the democratic structure of society, which proclaims the priority of individual
human rights, is not shared by many Asian states. The Asian problems concerning
development and ethnic issues differ from the European ones.
It should be noted that some countries in the Southeast Asian region, such as
Thailand and the Philippines, have already taken measures to improve the refugee
protection system, including the conclusion of international agreements and
cooperation with international organizations such as the UNHCR (Ostapenko et al.,
2021). The United Nations plays an important role in promoting refugee rights in
Southeast Asia. Thus, the UNHCR is working with Governments in the region to
provide international protection for refugees and assist in their registration and
recognition of refugee status.
Right to work for refugees in the EU
First, it should be noted that in general, any foreigners in the EU belong to thirdcountry nationals, and their rights, including employment issues, are regulated by EU
secondary legislation. EU legal acts contain quite detailed regulation of the legal status
of refugees. The factors that contributed to this development of legislation on this
issue were not only measures to ensure comprehensive human rights, but also a
significant aggravation of migration problems in recent years in many European
countries (Sivash, 2019).
Among the acts regulating the rights of refugees, it is advisable to highlight:
Directive 2013/33/EU of the European Parliament and of the Council of 26 June
2013 laying down standards for the reception of applicants for international protection
(recast), 2013; Council Directive 2001/55/EC of 20 July 2001 on minimum standards
for giving temporary protection in the event of a mass influx of displaced persons and
on measures promoting a balance of efforts between Member States in receiving such
persons and bearing the consequences thereof, 2001; Directive 2003/86/EC of
September 22 of the European Parliament and the Council on the right to family unity,
2003; Directive 2011/95/EC from December 13, 2011 of the European Parliament
and of the Council on the qualification standards and status of third-country nationals
and stateless persons as recipients of international protection, the uniform status of
refugees or persons entitled to subsidiary protection, as well as the content of the
protection granted (new edition), 2011; Directive of the European Parliament and the
Council No. 2013/32/EC of June 29, 2013 on general procedures for granting and
revoking international protection (new edition), 2013; Council Directive 2005/85/EC
of 1 December 2005 on minimum standards on procedures in Member States for

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granting and withdrawing refugee status, 2005; Regulation (EU) No 604/2013 of the
European Parliament and of the Council of 26 June 2013 establishing the criteria and
mechanisms for determining the Member State responsible for examining an
application for international protection lodged in one of the Member States by a thirdcountry national or a stateless person (recast), 2013 and other.
Particular attention should be paid to Council Directive 2005/85/EC of 1
December 2005 on minimum standards on procedures in Member States for granting
and withdrawing refugee status, 2005. This Directive establishes a minimum
framework for the procedure for granting refugee status in the EU. The Directive also
states that its provisions are written in accordance with respect for fundamental human
rights in accordance with the EU Charter of Fundamental Rights; therefore, it respects
the right to work for refugees (Directive 2013/33/EU, 2013).
An important step in the regulation of immigration policy is the Agreement signed
in late 1990 in Dublin by twelve EU countries. The Convention determined the State
responsible for examining applications for asylum lodged in one of the Member States
of the European Communities (Dublin Convention). It was the first international
agreement that gives refugees certain guarantees that their application should be
considered by the authorities of the state to which they apply. For refugees who
entered the EU territory illegally, the country of initial entry is competent. This rule
does not apply if the refugee was previously in another EU state and applied for asylum
there.
The Convention notes that each EU country retains the right on humanitarian
grounds to grant a refugee's application. The Convention also regulates the rules of
consideration and processing of applications for protection. Refugees get the
opportunity to independently determine the desired country of asylum throughout the
Community (Convention determining the State responsible for examining applications
for asylum lodged in one of the Member States of the European Communities, 1990).
A significant legislative array in the field of protection and ensuring the rights of
refugees in the EU is explained not only by the desire to ensure the rights of refugees
but also by the increase in migration problems in recent years. As a result of recent
events in Ukraine, the number of refugees in the EU has increased again. At the same
time, the requirements of the EU security system come into conflict with the
considerations of human rights and assistance, which requires institutional regulation
of mutual responsibilities of the parties to international relations to regulate refugee
migration aimed at creating mechanisms to control their migration movements (Sivash,
2019).
In general, the EU migration policy is differentiated and consists in the
implementation of a number of Directives, as well as bilateral and multilateral
regulations to ensure the free or preferential movement of natural persons across state
borders and their employment in the EU, as well as the settlement of refugee issues

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(Ievdokimov & Shymanska, 2017). In the EU as a whole, refugees face some
difficulties in finding employment. For example, when a person applies for the relevant
status, he or she has the obligation to prove all the facts and allegations that he or she
provides in this application. That is, the burden of proof is on the applicant. However,
as we understand, most often a person applying for refugee status arrives in the host
country without any documents. Therefore, as a rule, such persons cannot provide
supporting documents. When a person has all the necessary confirmations – it is rather
an exception. Thus, it can be quite difficult for a person applying for refugee status to
obtain it.
However, at the same time, it should be noted that often the decision to grant
refugee status is made by an authorized person on the basis of general knowledge of
the situation in the country from which the applicant arrived. That is, the fact of
proving is largely due to the fact that the decision-maker is familiar with the objective
situation in the applicant's country of origin, is aware of the relevant well-known issues,
and directs the applicant to provide the necessary information, and thus the facts
alleged were confirmed and substantiated (Kukhtyk & Derkachenko, 2018).
Returning to the acts of secondary legislation of the EU, it should be emphasized
that in general, the Union in its legal acts outlines the general aspects and directions of
protection of the rights of refugees, including drawing attention to the fact that such
persons need to realize the possibility of employment. However, it should be noted
that the issue of peculiarities of employment is not within the competence of the EU,
and, therefore, the peculiarities of refugees' work in each member state are quite
different. Further, the author of this article proposes to consider the peculiarities of
the employment of refugees in some selected Member States on the example of
refugees from Ukraine.
Right to work for refugees in Southeast Asia
The protection of the labor rights of refugees in the countries of Southeast Asia
is one of the important problems faced by these regions. Refugees seeking asylum in
these countries are usually vulnerable and often face violations of their labor rights. In
addition, in countries that have not signed the UN refugee agreements, unequal rights
protection can undermine the well-being of refugees. For example, refugees are
prohibited from seeking legal employment to supplement their meager funds, pushing
them into an illegal work environment where they are vulnerable to exploitation.
According to the 2021 State Department report on human trafficking in Malaysia,
traffickers force refugee children to beg, take advantage of travel debts to involve
young men and women from Southeast Asia into forced labor, and "lure Rohingya
women and girls from refugee camps in Bangladesh" to make them commercial sex
workers (Chen, 2021).
International treaties and commitments are not the universal remedy for
improving the refugees’ welfare. Among the three Southeast Asian countries that

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signed the UNHCR agreements, the Philippines was the most willing to temporarily
accept Afghan and Rohingya refugees. However, the Philippines hosts only a small
portion of the region's refugees, being a potential consequence of its geographic
location on the eastern edge of maritime Southeast Asia.
Legal regulation of refugee protection in some EU member states and its
implementation on the example of Ukrainian citizens
To date, many Ukrainian citizens have been granted protection in the EU Member
States. Therefore, we propose to consider the peculiarities of protection and exercise
of labor rights by refugees in the territory of selected Member States on the example
of Ukrainian citizens. Two countries were selected for the analysis: Estonia and
Slovakia. When choosing the countries for analysis, the author was guided by the
number of Ukrainian refugees in this country, the level of support for Ukraine, as well
as the number of studies on this or that country.
First of all, let us consider Estonia. As of August 10, Estonia has received a total
of 50,347 war refugees from Ukraine, according to data published by the Social
Insurance Board (SKA: Estonia has received more than 50,000 refugees from Ukraine,
2022). The Aliens Act, 2009 is the basis of Estonian legislation for the protection of
aliens (Riigikogu passes bill easing the entry of Ukrainian refugees into the labor
market, 2022). Pursuant to Article 10 of this Act, an alien staying in Estonia shall be
guaranteed rights and freedoms equal to the rights and freedoms of Estonian citizens,
unless otherwise provided by the Constitution, this Act, another legal act, or a treaty
binding upon Estonia. The state guarantees the full range of rights provided by
international legal norms and practices. According to Article 8 of the Aliens Act,
employment in the meaning of Estonian legislation is a contractual activity or activity
for the benefit of another person for which a material reward or profit is provided.
Pursuant to Article 104, an alien legally residing temporarily in Estonia has the right to
employment if he or she is duly registered or if such a right is provided for by a law or
treaty ratified by the Riigikogu (Aliens Act, 2009).
On March 9, 2022, a decree of the Government of the Republic entered into force,
according to which citizens of Ukraine and their family members who arrived in
Estonia because of the war can apply for temporary protection. The application for
temporary protection is not obligatory. Submitting an application for temporary
protection is not a mandatory condition for Ukrainian citizens to have the right to stay
in Estonia. Temporary protection is a one-year residence permit that grants Ukrainian
citizens and their family members the same rights as Estonian residents. That is,
Ukrainian citizens who receive appropriate protection will be able to enjoy equal rights
with Estonian residents, including the right to work (Ukraina kodanikele Eestisse
saabumiseks ja ajutiseks viibimiseks seadusliku aluse andmise kohta, 2022).
The adoption of the EU Directive on International Protection of Ukrainians
Fleeing War 2022 has been approved by the Government of Estonia: The relevant

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decision will enter into force on 9 March 2022. This means that starting from March
9, 2022, persons who were forced to leave Ukraine on or after February 24, 2022, will
be able to apply for a temporary residence permit under the international protection
program, which will initially be granted for one year. Persons who receive such a
temporary residence permit will have equal rights with Estonian citizens in the labor
market. The Police and Border Guard Service notes that such a permit can be granted
in one day, and the process of issuing an identity card can take up to 30 days (Proposal
for a council implementing decision establishing the existence of a mass influx of
displaced persons from Ukraine as referred to in Article 5 of Council Directive
2001/55/EC of 20 July 2001, and having the effect of introducing temporary
protection, 2022). Moreover, even if Ukrainian citizens do not have the appropriate
visa, they can still work in Estonia, provided that the employer registers their shortterm employment with the Police and Border Guard Board.
Thus, we can note that Estonia has created very loyal conditions for Ukrainian
refugees to arrive and stay on its territory, even for those citizens who have exhausted
the period of stay in the country allowed by law. In addition, the Estonian authorities
ensure the right of Ukrainian forced migrants to work on an equal footing with their
own citizens. As for the legislation of Slovakia, let us note that in 1993 Slovakia ratified
the 1951 Convention and its 1967 Protocol. The main body of national legislation
regulating refugee rights and status is codified in the Refugee Act of 1996. Therefore,
this state has undertaken to comply with all requirements and guarantee the rights
provided by these international acts. All Ukrainians without exception can travel to
Slovakia even without a biometric passport. Persons without a valid passport are
advised to have other documents (e.g. identity card, driver's license, residence permit
in Ukraine, birth certificates of children, etc.) A person with a valid foreign biometric
passport can stay in Slovakia for 90 days. To legally stay in the country after this period,
it is necessary to apply for temporary protection or refugee status.
Due to the events in Ukraine, Slovakia on 16 March 2022 Slovakia adopted Lex
Ukrajina, a complex package of laws including the Act on Asylum, 2002 (Act No. 480
of 20 June 2002 on Asylum and Amendment of Some Acts, 2002) and the Act on
residence of foreigners, aimed at facilitating the integration of those fleeing the Russian
invasion of Ukraine (Residence of foreigners on the territory of the Slovak Republic,
2011). The legislative package covers residence and temporary protection, access to
the labor market, education, transportation, accommodation, social protection, and
healthcare. The issue of employment is also included in the new collection of laws. It
entitles refugees from Ukraine and their family members to start looking for a job after
applying for temporary protection or refugee status.
Immediately after receiving the appropriate status, such persons can look for
work. Ukrainian citizens who have been granted the appropriate status do not need to
obtain additional work permits, which are usually required from third-country

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nationals to work in Slovakia. The new law also shortens the time frame for
recognizing the medical qualifications of newly arrived Ukrainians and states, so they
will not have to report their criminal record: instead, a written statement of
incorruptibility will suffice. On April 5, 2022, the President of the Slovak Republic
signed an additional amendment to the Asylum Act, which gives asylum seekers access
to the labor market within 6 months (instead of the original 9) from the start of the
asylum procedure.
It should be noted that most vacancies for Ukrainian refugees require knowledge
of the language. However, often among the vacancies you can find marks "for
Ukrainians", where knowledge of Slovak is not required. Persons enjoying temporary
protection can be employed without additional permits. The only exception to the
employment of Ukrainian citizens is for civil servants. For highly qualified persons, it
is possible to get a job without obtaining temporary protection but if they can confirm
the appropriate classification. Such persons will also have to obtain a work permit.
Thus, Slovakia has also created all conditions for Ukrainian forced migrants to protect
and exercise the right to work in accordance with the requirements of international
law.
In the digital age, the protection of refugees’ labor rights faces new challenges that
require adapting legal frameworks to modern realities (Hidayah & Anggraeny, 2023).
With the spread of the gig economy and digital platforms, new forms of labor have
emerged, such as freelancing and temporary work (Izzati & Sesunan, 2022). These new
patterns of employment can lead to unstable working conditions, insufficient social
protection, and violations of the labor rights of refugees. In the digital age, there is a
risk for refugees to fall into digital unemployment because it may be more difficult for
them to use the Internet and find work online (Zubaedi, et. al., 2020). Digital platforms
can be saturated with stereotypes and discrimination. Refugees may face reduced
chances of finding work through such platforms due to their refugee status or language
barriers. Digital technologies can create easier access to illegal forms of employment.
Refugees can be vulnerable to the offers of illegal jobs with low pay and no rights
protection. Refugees can be victims of cyber fraud or identity theft in electronic
employment systems.
Ensuring cybersecurity and protecting privacy has become an important task for
protecting refugees’ rights. Not all refugees have access to technology, as this may
depend on their economic situation or the infrastructure of their place of residence.
Without access to digital tools, they may find it difficult to find work and ensure their
economic well-being. Addressing these legal challenges requires comprehensive
approaches and cooperation between government agencies, international
organizations, the public sector, and digital platforms. This includes the development
and improvement of legislation aimed at protecting the rights of refugees, increasing
access to education and training in digital skills, as well as providing mechanisms for

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monitoring and overseeing the observance of the rights of workers in the digital
environment.
Some countries throughout the world have already developed training programs
that help migrants and refugees improve their digital skills. In the digital age, new
challenges arise related to digital unemployment, inequality of access to online
resources, and the use of digital platforms for employment. Therefore, legal reform
should take these aspects into account and ensure the protection of refugee rights in
the digital economy. Of great importance in the context of the research topic are the
scientific sources to which the author referred in the process of writing the article. First
of all, it is worth paying attention to the work of Ukrainian researcher N. Hrabar. The
author in her monograph analyzes the main legal acts that regulate the peculiarities of
granting refugee status in Ukraine. She pays special attention to the procedural issues
of obtaining refugee status and institutional support for obtaining such status. In
addition, the author pays attention to the development of the concept of refugees in
international law and Ukrainian legislation. In her work, she studied the current legal
framework for the legal regulation of refugee status and determined the competence
of the subjects of management in this area. In addition, she formulated proposals to
improve the efficiency of the procedure for granting refugee status and provided her
own proposals for amendments and additions to the laws and regulations governing
the administrative and legal status of refugees (Hrabar, 2008).
In the context of the study of the observance of refugee rights in the EU, the
author of the article finds the conclusions of O. Sivash interesting. In her work, this
researcher analyzed the classification of the principles of the international legal status
of refugees and divided them into two groups: general and special principles. The
author examined the statistics on refugees in the EU, in particular the main problems
faced by asylum seekers in the EU. She stressed that some Member States are not ready
for the incoming number of refugees and noted the main reasons why the number of
migrants is growing. Among such reasons, she highlighted the increasing military and
political instability, human rights violations, etc. In addition, in her article O. Sivash
notes the need to equate the legislative approaches that regulate the granting of refugee
status (Sivash, 2019).
Despite the existence of scientific works on the employment of refugees, the
problem is still relevant. For example, many Ukrainian refugees in Europe as a result
of Russia's military aggression once again confirmed the relevance of the study of the
relevant topic. However, it should be noted that there are persons in Ukraine who have
the appropriate status and should also be able to exercise their right to work. At the
same time, in Ukraine, they also face a number of problems that can complicate the
employment process. Therefore, we consider it appropriate to consider the legislation
of Ukraine on the employment of refugees, the problems they face, as well as possible
ways to solve them.

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First of all, it should be noted that Ukraine also follows the norms of international
law on the protection of refugees' rights. Thus, in 2002 it acceded to the 1951 UN
Convention and the 1967 Protocol on the basis of the Law of Ukraine No. 2942-III
“On Accession of Ukraine to the Convention Relating to the Status of Refugees and
the Protocol Relating to the Status of Refugees” (Law of Ukraine No. 2942-III “On
Accession of Ukraine to the Convention Relating to the Status of Refugees and the
Protocol Relating to the Status of Refugees”, 2002).
First of all, I would like to draw attention to the Constitution of Ukraine, 1996.
Article 21 of the Basic Law of our state guarantees that all people are equal in their
dignity and rights, and their rights and freedoms are inalienable and inviolable. The
inalienability of rights and freedoms is an internal immanent, inevitable property of a
person. This property of rights and freedoms is that the human capabilities reflected
in them are a natural belonging of every human being. They arise from the moment of
birth and do not require permission, or approval from anyone, including the state
(Hrabar, 2008). According to Article 26 of the Basic Law, stateless persons and
foreigners legally staying in Ukraine have the same range of rights, freedoms, and
obligations as Ukrainian citizens. However, there are some exceptions to this rule,
which are enshrined in the Constitution, legislation, and international agreements.
Asylum is granted to such persons in accordance with the law (Constitution of Ukraine,
1996). Therefore, the Constitution of Ukraine generally establishes the possibility of
granting asylum to foreigners in need, regulating the specifics and practical issues by
special legislation.
The Constitution of Ukraine is a guarantee for further development of the system
of protection of human and civil rights and freedoms. It enshrines the national legal
regime of refugees and foreigners in Ukraine, which has the following features:
1. The legal regime is general and applies to all categories of foreigners.
2. Foreigners, stateless persons, and refugees enjoy the same rights as citizens of
Ukraine.
3. The national legal regime on foreigners and refugees has certain limits: they are
not fully equated in rights and obligations with citizens of Ukraine, in particular
foreigners, stateless persons, and refugees do not enjoy most political rights in Ukraine
(they cannot form political parties, do not participate in the management of public
affairs, do not have voting rights, cannot participate in referendums, do not have equal
access to public service, cannot form trade unions, etc.
4. The national legal regime of Ukraine is unconditional, it does not apply to
foreigners and refugees regardless of whether Ukrainian citizens have similar rights in
the respective countries (Hrabar, 2008).
The basic law regulating the specifics of refugee protection in Ukraine is the Law
of Ukraine No. 3671-VI “On Refugees and Persons in Need of Complementary or
Temporary Protection” (2011). According to the provisions of this law, On the

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territory of Ukraine, refugee status may be granted to a person who is not a citizen of
this state and who has a well-founded fear of becoming a victim of persecution in the
state of his/her citizenship and cannot enjoy its protection because of such danger.
Such persons on the territory of Ukraine may receive refugee status or a person in need
of complementary protection. Persons with the appropriate status cannot be expelled
from the country to a dangerous state (Law of Ukraine No. 3671-VI “On Refugees
and Persons in Need of Complementary or Temporary Protection”, 2011).
Considering the issue of exercising the right to work by a refugee in Ukraine, we
note that according to Article 14 of the Law of Ukraine No. 3671-VI “On Refugees
and Persons in Need of Complementary or Temporary Protection” (2011), persons
granted refugee status have the same rights, freedoms, and obligations as citizens of
Ukraine, except for exceptions established by law. Persons recognized as refugees in
Ukraine are considered to be permanently residing in Ukraine from the date of the
decision to recognize them as refugees (Law of Ukraine No. 3671-VI “On Refugees
and Persons in Need of Complementary or Temporary Protection”, 2011). That is, on
the basis of this norm we can state that refugees have the opportunity to exercise their
right to work on an equal basis with citizens of Ukraine, except for legal exceptions.
Article 13 of this Law states that persons with the relevant status have the right to
temporary employment in Ukraine.
It should be noted that in accordance with the Law of Ukraine No. 5067-VI “On
Employment of the Population” (2012), foreigners wishing to be employed in Ukraine
must obtain a relevant permit. However, the same law establishes exceptions to the
general rule and defines the categories of persons whose employment is carried out
without such permission. Among such categories are foreigners who have acquired
refugee status or have received permission to immigrate to Ukraine. Thus, we can state
that persons who have been granted refugee status in Ukraine can exercise their right
to work on an equal footing with citizens of the state, without needing additional
permits. At the same time, it should be noted that the legislation of Ukraine provides
for a number of positions that foreigners, including refugees, cannot hold, in particular,
elected positions in central and local authorities, positions in the civil service, as well
as positions related to the possession of information constituting a state secret. Such
positions include notaries; civil servants; judges; prosecutors; police officers; customs
officers; and employees of the Security Service of Ukraine.
However, researchers note that certain obstacles often prevent refugees from
exercising their right to work. The most common problem is the reluctance of
employers to employ such persons. According to the data provided by the Right to
Protection Charitable Foundation with the support of the Open Society Foundation,
every second refugee looking for a job faces a similar situation. Approximately 20% of
refugees faced situations when the employer refused without explanation. In general,
employers can refuse both because of prejudice against foreigners and because of the

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desire to avoid additional documents or simply ignorance of the law. Even though no
additional documents are required for the employment of refugees and persons in need
of complementary protection, most employers are likely to be unaware of these rules
and do not want to understand it further (Key aspects of employment of refugees,
persons in need of complementary protection and asylum seekers in Ukraine, 2020).
We believe that in order to overcome the relevant problem, it would be advisable to
implement a state policy aimed at promoting information about the employment of
refugees, as well as providing additional benefits for employers who employ such
persons.
Another problem is the low level of integration of refugees into Ukrainian society,
in particular language skills. Ignorance or poor knowledge of the language is the reason
why about 40% of respondents had problems with employment (Key aspects of
employment of refugees, persons in need of complementary protection, and asylum
seekers in Ukraine, 2020). In our opinion, the only way to overcome this situation is
for the state to ensure the normal integration of asylum seekers into Ukrainian society,
including proper education in the field of language, history, cultural peculiarities, and
traditions.
Despite the existence of certain problems regarding the employment of refugees,
we can state that in general Ukraine complies with the requirements of international
law on the protection of the rights of refugees, including the right to work. Ukraine
has a mechanism for the employment of such persons, and in addition, it provides for
the possibility of their work without the need to obtain any additional permits.
CONCLUSION
Refugees should be provided with the full range of economic and labor rights, as
provided by international law. States are obliged to ensure that refugees legally staying
on their territory are able to exercise the right to work on an equal basis with foreign
citizens. Despite a significant legislative framework at the international, EU, and
national levels for the protection of human rights, there are still issues related to the
protection and realization of refugees' rights. Significant human rights violations in
some countries, military and political instability, among others, contribute to this
situation. This situation requires, first of all, the creation of a unified policy in the field
of refugee rights in the international space, which would help to balance the burden
and readiness of countries to accept refugees and ensure the exercise of their rights in
their territories. This system of normative legal documents establishes an institutional
framework for regulating the migration of refugees and asylum seekers, legitimizing
their stay in the countries of destination, however, in fact, there is a need to streamline
the mechanisms and procedures for determining the status and rights of refugees, as
well as the formation of effective mechanisms to control their migration movements
in connection with the strengthening of political and security determinants of

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migration motives in the world, in particular, the shortcomings of existing public
administration systems in countries, low level of democracy and human rights.
EU legislation on refugee protection has incorporated the key areas of protection
of the rights of such persons by international law. The Union in secondary legislation
regulates the scope of refugee protection, which is expanded and supplemented in the
legislation of the Member States. This is since employment issues fall within the
competence of states, and therefore each of them at its own discretion determines the
procedure for granting refugee status to asylum seekers and the procedure for their
employment. The relevant procedure is implemented in different ways in individual
EU Member States. Estonia and Slovakia, considered in this article, adhere to
international and European standards of refugee protection and have implemented
appropriate procedures to help Ukrainians. We can state that refugees from Ukraine
in these countries are provided with all opportunities to exercise the right to work.
Both states have adopted special legislative acts aimed at protecting Ukrainians, which
complement national legislation on refugee rights.
If we consider the relevant problem on the territory of Ukraine, it can be noted
that its legislation complies with the requirements of international law and establishes
the possibility for persons with refugee status to work freely without the need to obtain
additional permits. Despite such steps taken by the state, refugees often face problems
when looking for work in practice. For example, they face reluctance from employers
to hire foreigners. In addition, they have lower chances of employment due to poorer
language skills and generally lower levels of integration into society. Xenophobia and
stereotypical attitudes of employers towards the employment of foreigners remain one
of the biggest obstacles to the employment of refugees. One in five respondents faced
a situation when an employer refused to hire them without explanation. Low level of
integration, lack of knowledge of the language, lack of understanding of where and
how to look for a job, lack of free funds to start looking for a job, as well as problems
with obtaining the necessary documents for employment - all this not only hinders
access to the labor market; for some, it becomes a reason not to look for a job at all.
Despite certain existing problems, we believe that they can be solved by providing
additional benefits for hiring employers, as well as by assisting refugees in their
integration and education.
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