Migrant Worker Guidelines for Employers

This publication is to provide practical guidance for business enterprises on how to recruit and employ international migrant workers ethically and responsibly. The guidance offers concrete steps employers across various sectors can take to run their businesses in a manner that respects human and labour rights of migrant workers. The guidance is primarily for human resources and personnel engaged with migrant workers and can be integrated in existing company policies, procedures and practices.

The guidance builds on the United Nations Guiding Principles on Business and Human Rights (UNGP) and relevant international human rights and labour standards and frameworks on international migration. It has been developed as part of the IOM’s Corporate Responsibility in Eliminating Slavery and Trafficking (CREST) initiative, through an extensive multi-stakeholder consultation process.

The guidance is accompanied by a set of supporting tools including checklists, guidance notes and other useful documents, to help employers develop and implement the system, principles and practices to manage the labour migration process.

 

Supporting tools

• Summary - Common challenges and Risks Experienced by Migrant Workers at All Stages of Labour Migration
• Checklist - Labour Recruiter Service Agreements
• Guidance Note - Recruitment Fees and Related Costs
• Checklist - Employment Contracts
• Checklist - Migrant Workers' Accommodations

 

Research and Policy Brief: Avenues for exploited migrant workers to remain in their country of employment to pursue labour remedies

Exploited migrant workers often don't raise complaints because they fear losing their visa or being deported. There is generally no opportunity for migrant workers to pursue wage claims at the end of their stay because they must immediately leave the country.

As a result, abusive employers are never held to account, and the vast majority return home without the wages they are owed. Pursuing claims after they leave is extremely difficult.

Governments must create migration frameworks that reduce the vulnerability of migrant workers who address exploitation, and enable exploited migrants to extend their stay for a short period in the country of employment to remedy wage theft and hold employers accountable for labour violations.

This new Research and Policy Brief sets out best practice models that governments should consider implementing, with discussion of current global examples of promising laws and policies intended to achieve these goals.

This includes current examples of

• visa portability for exploited migrant workers to bring claims and find a new sponsor,

• short term visas with work rights to pursue wage claims at the end of a migrant worker’s stay,

• deferral of removal (with work rights) for undocumented workers who pursue labour claims, and

• visas for victims of trafficking and criminal wage theft and exploitation to pursue civil labour claims.

The Brief is accompanied by a more detailed case study of recent advances in the United States.

 

Analysis Report of Recruitment Reviews from Nepali migrant workers

This report explores recruitment practices of recruitment agencies based on the reviews from 1,593 reviewers provided to Recruitment Advisor.

The study found that:

- Sub-agents and middlemen continue to play an important role in facilitating the migration of Nepalis in foreign employment.

- Migrant workers are paying high recruitment and other related fees.

- Majority of migrant workers took pre-departure training.

- Migrant workers continue to be deceived about their job, salary, and benefits. 

- Passports of the workers were withheld by the employer. 

- Migrant workers were deprived of freedom of association and right to return. 

- Most migrant workers less informed about recruitment agency and employer.

The report also proposes ways forward regarding the identified problems.

Visual tool on the ILO definition of recruitment fees and costs

The definition of recruitment fees and related costs, adopted by a Tripartite Meeting of Experts, held in Geneva in November 2018. The definition recognizes the principle that workers shall not be charged directly or indirectly, in whole or in part, any fees or related costs for their recruitment. This comprehensive definition is guided by international labour standards and should be read together with the General Principles and Operational Guidelines for Fair Recruitment.

The definition is intended to support the development, monitoring, implementation and enforcement of laws, policies and measures aimed at the protection of workers’ rights. It also supports development and implementation of effective regulation of recruitment practices to combat non-compliance, support transparency of recruitment practices, as well as enhance the functioning of labour markets. Considering the complexity of the definition, this new tool helps navigate its various components in an interactive and accessible manner.

Considering the complexity of the definition, the ILO developed a new visual tool on the ILO definition of recruitment fees and costs. This new tool helps navigate its various components in an interactive and accessible manner.