The rights and obligations of undocumented workers: Employment Social Security Law, Immigration Law

Given that foreign workers face greater difficulties in entering the labour market and that migrants are increasingly gaining access to it, it is important to bring the issue of 'undocumented work' to the fore. There are various reasons why foreign workers emigrate to another country to seek employment. In Austria and Germany, guest workers from various countries were recruited from the 1960s onwards to address temporary labour shortages. It is common knowledge that the illegal employment of foreign nationals exists; nevertheless, it is not widely understood that these individuals have exactly the same rights as domestic workers in a lawful employment relationship. Those affected are either unaware of their rights or fear asserting them. The aim of this paper is therefore to provide an overview of the legal position of these individuals with regard to the enforcement of their rights and the associated risks.