Brussels, Belgium – As Belgian businesses grapple with severe staff shortages, a prominent legal organization has proposed a controversial solution to address the labor crisis: allowing undocumented migrants to fill positions in high-demand sectors.
The Bar of French- and German-speaking lawyers in Belgium, known as Avocat.be, has issued a public appeal to the federal, Walloon, Flemish, and Brussels governments for a new “migratory ruling.”
The proposal aims to enable undocumented individuals to work in sectors facing critical labor gaps, including construction, hospitality, and healthcare. However, the call has already sparked debate, with both enthusiastic support from business groups and firm opposition from government officials.
An Urgent Call for Workforce Expansion
In recent years, businesses across Belgium have struggled to find workers for essential roles, an issue further exacerbated by the nation’s aging workforce and growing demands in various sectors. According to the legal association’s president, Stéphane Gothot, the chronic shortage of staff has led to tangible losses for the economy.
For instance, numerous construction firms report turning down projects or delaying schedules due to the lack of available workers, resulting in significant project backlogs.
Similarly, many cafes and restaurants have been forced to reduce operating hours, while healthcare facilities face risks of compromised patient care as a result of staffing limitations.
“Rational economic management requires us to use all available human resources to meet the needs of these sectors,” Gothot emphasized in the letter. He further argued that the continued reliance on training unemployed Belgian citizens falls short of meeting the economy’s actual needs.
“Successive governments have made commitments to upskill and train unemployed individuals, but this approach has its limits,” he said. “The reality is that it is far from meeting the demand for jobs in high-need sectors.”
The Case for a “Migratory Ruling”
The proposed “migratory ruling” by Avocat.be seeks to address Belgium’s labor shortages by allowing undocumented migrants to contribute their skills and talents legally.
Many of these individuals, the association argues, already possess the qualifications necessary for sectors in desperate need of workers. Yet, they face significant bureaucratic barriers that prevent them from filling these roles.
The current system, as it stands, requires undocumented migrants to return to their country of origin to apply for work permits through Belgian embassies, a process that can be uncertain and lengthy.
Avocat.be’s proposed solution includes a preliminary step – what they term a “decision in advance” – which would allow employers to seek clarification from the Ministry of Finance on the tax conditions that would apply if they were to employ a specific undocumented worker.
This preemptive measure would offer some assurance to both the employer and the migrant before the latter leaves Belgium to apply for a work permit.
“Such a ruling would address labor market needs, decrease illegal immigration, and ensure that taxes and social contributions are paid on these new, legal jobs,” Gothot said.
Widespread Business Support
Avocat.be’s proposal has garnered considerable support from the Belgian business community, particularly organizations that are eager to see the country’s workforce expand.
The Walloon Business Union (Union Wallonne des Entreprises, or UWE) has expressed strong support, describing the plan as a practical and necessary approach to labor shortages.
“Economic immigration remains largely under-exploited in Wallonia as a solution to labor shortages,” the organization stated, emphasizing that opening up Belgium’s labor market to qualified migrants would be a significant advantage.
The Belgian Business Union (FEB) echoed this sentiment, advocating for a faster recognition process for foreign qualifications and diplomas as part of a strategy to make Belgium an attractive destination for skilled workers.
“Belgium must be profiled as an attractive host country,” a spokesperson for the FEB noted, “by speeding up the recognition of qualifications and diplomas.”
Government Pushback and Concerns
Despite the backing from business organizations, the proposal faces strong opposition from government officials. Nicole de Moor, Belgium’s State Secretary for Asylum and Migration, expressed her reservations, warning that such a policy could have unintended consequences.
De Moor contended that allowing undocumented migrants to work legally could inadvertently encourage more people to enter Belgium through unsafe and unauthorized routes.
According to De Moor, the focus should remain on promoting safe, legal pathways for migration rather than accommodating individuals who have bypassed these channels.
“By enabling undocumented migrants to fill these roles, we risk sending the message that irregular migration is an acceptable path to gainful employment in Belgium,” de Moor stated.
She argued that the government should instead focus on streamlining processes for documented migrants who enter the country legally, while strengthening the nation’s border security.
Complex Legal and Ethical Questions
The call for a “migratory ruling” raises a number of complex ethical and legal questions for Belgium. Allowing undocumented migrants to join the workforce could be seen as a form of regularization, blurring the line between economic necessity and immigration policy.
Proponents argue that such an initiative would benefit the Belgian economy and society as a whole, enabling undocumented migrants to live and work openly, pay taxes, and contribute to social services.
Critics, however, caution that such a policy might set a precedent that undermines the immigration system. “Belgium’s labor market needs should not overshadow the importance of regulated migration,” argued one opposition MP.
“By relaxing standards for undocumented migrants, we risk devaluing the processes that legal migrants have adhered to.”
The Impact on Belgium’s Economy and Workforce
For Belgian businesses, particularly those in construction, hospitality, and healthcare, the stakes are high. Labor shortages have not only impacted productivity and profits but have also stalled economic growth and undermined Belgium’s ability to compete internationally.
By integrating undocumented migrants into the workforce, companies could potentially mitigate these issues, increase output, and reduce the time and resources spent on recruiting and training staff from a limited domestic labor pool.
Avocat.be’s proposal underscores the urgency of adapting labor and immigration policies to fit the realities of a modern workforce.
“In a world where competition is fierce and Europe is no longer leading in the global race, it’s imperative that all resources are used wisely,” Gothot said.
Looking Ahead: Policy Shifts or Political Deadlock?
The proposal has highlighted deep-seated divisions within Belgium’s political landscape regarding migration and labor policy.
As business groups rally in favor of Avocat.be’s migratory ruling, government officials remain cautious, wary of the broader implications of such a policy.
The outcome of this debate could set the tone for Belgium’s future approach to immigration, labor, and economic policy in the years to come.
Whether or not the proposal gains traction, the pressing issue of labor shortages in Belgium remains unsolved. In the absence of clear solutions, businesses may continue to struggle, and economic growth may be stunted.
For now, Avocat.be’s appeal has ignited a necessary conversation, bringing the question of undocumented migrants’ role in the workforce into the spotlight – a discussion that could shape Belgium’s labor landscape for years to come.
