Guideline on Dispute Resolution of Migrant Worker Grievances

The Guideline is a reference for labour officials, Migrant Worker Resource Centre (MRC) staff, service providers, and stakeholders to use to support migrant workers through the dispute resolution process.

The Dispute Resolution Guidelines are designed to deliver rights-based, gender responsive, transparent and timely access to justice for migrant workers. The Guidelines steer officials towards complaints resolution that ensure outcomes and remedies accord with Cambodian Labour Law, Sub Decrees, prakas, regulations, and international labour standards, and does not restrict access to other redress mechanisms.

Family members of migrant workers can also begin the process, especially when the migrant worker is still overseas. Migrant workers, members of their families or their appointed representatives can all lodge complaints through the Dispute Resolution Process.

Complaints can be lodged individually, or as part of a group claim. This document summarises key points in the Dispute Resolution process and provides information for potential complainants.

Country of origin complaints mechanisms for overseas migrants from Myanmar

This Briefing Paper is the first in a series of Briefing papers providing technical input on particular migration issues being produced by the ILO Yangon supported by Livelihoods and Food Security Trust Fund (LIFT). The briefing paper provides the international legal framework and guidelines governing complaints or grievance mechanisms for migrants. It analyses different mechanisms currently available to Myanmar migrants including the government complaints mechanism, embassies, Myanmar Overseas Employment Agencies Federation (MOEAF), Anti-Trafficking in Persons Division, ILO Forced Labour complaints mechanism and civil society organisations and labour organisations support services. It provides examples of good practices from other countries of origin.

Finally the paper proposes a set of policy recommendations to extend and improve complaints mechanisms for migrants. The Annex includes relevant treaties, examples of laws and structures from other countries, a tabulated breakdown of lessons learnt and samples of complaints forms. Other Briefing papers in this series to support the development of improved labour migration governance in Myanmar will include Recruitment, Social Protection and Policy Cohesion.

Regulating recruitment of migrant workers: An assessment of complaint mechanisms in Thailand

This report provides the findings of an analysis of the legal framework and the complaint mechanisms for workers with grievances to seek redress - and puts forward recommendations for strengthening the system.

Complaint mechanisms for Vietnamese migrant workers: An overview of law and practice

This report presents the results of a study initiated under the ILO GMS TRIANGLE project which considered both the laws governing migrant worker complaints and the practical experiences of migrant workers and authorities in navigating the complaints system.

This report provides important context regarding the challenges that may arise during the complaint making process, prompting consideration of the policy and legislative measures that may increases migrant workers' access to justice.

The report finds that while there is a legislative framework that facilitates complaints, gaps in coverage contribute to a lack of clarity for both workers and authorities. The documented practical experiences of workers and authorities indicate that uncertainty or a lack of information leave many migrant workers feeling unsupported or unsure of how to lodge or progress a complaint, with many reports of unresolved complaints or unsatisfactory outcomes. This in turn can have an adverse impact on government policies designed to promote economic development and overseas deployment targets. 

The report finds that recent legislative developments and enhancements to internal government processes can be harnessed, through responsible implementation, to drive positive advancements and address challenges in respect of complaint mechanisms. The report makes a series of recommendations designed to promote practical improvements to the complaints process; through legislative reform and effective implementation of laws, conducting training and developing guidance material to increase awareness of complaints procedures, and conducting further research to better capture complaints’ data.

Where to go for help: Pakistani migrant workers’ access to justice at home and in Gulf Cooperation Council countries

This report examines the legal framework and complaints mechanisms available for Pakistani migrant workers at home and in Saudi Arabia and the United Arab Emirates. It identified bottlenecks in the grievance-handling process and potential ways to improve it to provide a speedy, accessible, less costly and just remedy to migrant workers.

Labour migration from Guatemala to Mexico, Fair Recruitment Country Brief

This brief provides an overview of fair recruitment challenges and opportunities, and priorities for action for the REFRAME project in Guatemala and Mexico.

The Migrant Recruitment Industry, Profitability and unethical business practices in Nepal, Paraguay and Kenya

This publication documents the process of foreign recruitment in case-study migration corridors across different regions. The result of the research brings to the fore the abuse of migrant workers by recruiters and seeks to contribute to broadening the choices workers have to find decent work at home and abroad.

Ways forward in recruitment of 'low-skilled' migrant workers in the Asia-Arab states corridor

This White Paper serves to further stimulate policy dialogue for fair migration in the countries of origin and destination in Asia the Arab States corridor.

Review of law, policy and practice of recruitment of migrant workers in Sri Lanka

This review provides an overview of legislative and policy frameworks concerning recruitment of migrant workers in Sri Lanka. The review identifies gaps in relation to the ILO General Principles and Operational Guidelines for Fair Recruitment, and proposes recommendations for ensuring fair recruitment.

The role of ASEAN labour attachés in the protection of migrant workers

The appointment of labour attachés or consular officials to major countries of destination is one important measure for migrant sending countries to enhance the protection of their migrant workforce. The labour attaché attends to all employment-related matters while consular officials attend to other issues such as consular services and police cases involving migrant workers.