The Legal (in)Security of Foreign Workers

Abstract

Portugal recognizes several rights for foreign workers in order to protect them. These rights include fundamental rights as well as labor rights and worker guarantees given by the Portuguese labor code. The constant socio-economic developments and changings bring the necessity to harmonize the legislation to these changes, helping the foreign workers to ensure their rights, guaranteeing their legal and labor security, and good working conditions as well. Although the legislation establishes a set of rights and guarantees, studies have confirmed that foreign workers are in a position of vulnerability, so its relevant to focus on questions like: Which documents allow entry and to stay in the country, the importance of holding one of those documents and possible consequences of not having such documentation? What is meant by undeclared work? What is the legal and labor insecurity of the foreign worker? Therefore, this paper focuses on the most violated rights of foreign workers in Portugal, as well as the main difficulties and obstacles to which they are subject.