• Home /
• Statewatch Database /
• Failure of the quota system

Failure of the quota system

01 January 2003

The so-called quota system, through which the government not only limits the number of job vacancies that can be filled by foreigners, but also the areas in which they may work, has proved a failure since its introduction in 1991. In spite of this, the government has tightened its parameters.
Last year it was made compulsory that job offers to fill vacancies be made in the countries of origin, expressly prohibiting immigrants already in Spain being part of the quota. Furthermore, it blocked the so-called "general regime", recognised in the Aliens' Law, that permits an immigrant residing in Spain who receives a job offer and possesses a certificate from the Employment Department (INEM) stating that no Spanish worker is available to fulfil the vacancy, to apply for work and residence permits. It also blocked the possibility, again recognised in the Aliens' Law, that employers could directly make job offers to persons residing in their own countries, using their relevant INEM certificates.
The stopping of the general regime prevented thousands of immigrants who were in Spain with job offers from being able to apply for work and residence permits. This has forced many of them to become part of the illegal employment market, without labour rights, regular salaries, social security or other benefits, such as sick leave or unemployment benefit.
Furthermore, the failure of the management of the quota system is shown by the fact that only 42.5% of job offers were filled (13,633 out of the 32,079) that were authorised by the government for the year 2002.