When work is not enough. How negative decisions on international protection applications affect the employment relationship of asylum seekers in Italy and Germany

This article examines how the rejection of asylum applications affects employment relationships in two EU countries: Italy and Germany. Compared to other EU Member States, both countries allow relatively quick access to the labor market—60 days after lodging an asylum application in Italy and 90 days in Germany. However, this study finds that the consequences of rejection on employment relationships vary significantly between the two countries. In Italy, being employed is not considered sufficient grounds to remain in the country. The severity of this situation was previously mitigated by administrative and judicial efforts to grant humanitarian residence permits to rejected asylum seekers with stable employment. However, the enactment of Decree Law No. 113/2018 has eliminated this form of protection. Conversely, in Germany, the 2016 Integration Act introduced a mechanism allowing asylum seekers with certain types of employment contracts to remain in the country even after their application is rejected.
In conclusion, this article argues that an uncertain legal status restricts migrants’ access to the labor market, primarily because employers may be reluctant to hire individuals whose right to remain is uncertain. As a result, many asylum seekers risk being pushed into informal or illegal employment.