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

 

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Case Studies Illustrating How Fair and Ethical Recruitment Considerations Can Be Integrated in the Procurement of Labour Recruiters’ Services

Although present literature provides guidance on fair and ethical recruitment, there is a lack of attention on how the procurement of labour recruiters’ services can be leveraged to prevent forced labour and exploitation in global supply chains. Labour recruiters have been essential not only in meeting the global demand for migrant labour, but also in ensuring the rights of migrant workers and upholding fair and ethical recruitment principles. This study focuses on the procurement process as an early step in managing forced labour risks for migrant workers when engaging with labour recruiters.  
 
To provide practical examples on improving procurement practices and integrating fair and ethical recruitment standards in the supply chain management of business enterprises, this research uses case studies, key informant interviews, and desk reviews to identify common challenges and barriers to the adoption of ethical procurement practices.  
 
The identified challenges and successes from actual cases further guide the recommendations to mainstream ethical recruitment in the procurement of labour recruiters’ services. In line with IOM’s mission, this study provides a strong foundation for building the case for labour recruiters to fulfill their responsibility to respect migrant workers’ rights.

 

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Assessment of the recruitment framework of Private Employment Agencies

The study was undertaken to evaluate the compliance of the regulatory framework of Private Employment Agencies (PEAs) in Albania with international standards vis-à-vis related with migrant workers recruitment. Moreover, detailed analysis of the sector will serve to develop recommendations on the ethical recruitment standards for Albanian public and private employment agencies.

Part of the study was to identify and take account of the “best practices” of PEAs operation from countries that have a regulated and consolidated market. 

This assessment was carried out under the project of the International Organization for Migration (IOM) “Promotion of decent work opportunities and protection of migrant workers in Albania”. The aforementioned project was funded by the Government of Sweden through the One UN Coherence Fund and implemented by IOM Tirana (Albania) in partnership with major actors of the Government of Albania.

The project aims to contribute to the development of an effective management system of employment mediation, which will promote ethical recruitment, decent work and protect migrant workers. The assessment took into consideration Albanian migrant workers seeking for employment abroad, present candidates and past migrant workers, as well as foreign migrant workers who have found employment opportunities in Albania. Special focus is given to the gender factor and recommendations aim at supporting the Government of Albania in developing gender-sensitive policies for regulating the status of migrant workers by ensuring their protection.

 

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ILO Webinar: The role of Public Employment Services in fair recruitment promotion

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Background

Key documents

National Assessment of Labour Migration Policies, Legislation, Practices, and Structures in Nigeria

Nigeria, with over 140 million inhabitants, is a country of origin, transit, and destination for diverse migratory configurations, both internal and international – seasonal labour migration, undocumented or irregular migration, internal displacements, human trafficking, female migration, and migration of skilled professionals. There is a general lack of current information on demographic dynamics in the country, however, particularly concerning data on both stocks and flows of migrants within and outside the country. 

In this context, this report covers data collection and analysis, which looks at data sources on international migration and intraregional migration, with emphases on Nigerian migrants and migrant workers. There is an overview of recruitment and support services, as well as policy formulation and challenges.  International structures and inter-institutional collaboration are discussed based on an in-depth evaluation of the institutional structures in Nigeria. In addition, a background of migrants’ remittances and forms of remittances are analysed, taking into consideration remittance flows and uses, as well as the policy measures necessary to enhance the impact of remittances. 

Moreover, the report covers the current national legislation and international norms regarding labour migration and the bilateral agreements existing between Nigeria and other African countries. In conclusion, recommendations have been provided on all the relevant issues contained in the report pertaining to data collection, recruitment and support services, institutional structures and inter-institutional collaboration, migrants’ remittances, and national legislation and international norms in order to formulate a comprehensive action plan detailing the way forward for labour migration management in Nigeria.

 

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An Exploratory Study on Labour Recruitment and Migrant Worker Protection Mechanisms in West Africa: The Case of Côte d'Ivoire, the Gambia, Ghana, Nigeria and Senegal

The topics of ethical recruitment, defined as the recruitment of workers in a lawful, fair and transparent manner that respects their dignity and human rights, and labour migration, defined as the movement of persons from one State to another, or within their own country of residence, for the purpose of employment, go hand in hand. While labour migration can serve as a significant opportunity, it can also constitute a risk for those who partake in it. A risk may present itself if labour migration is undertaken as an end result of unethical recruitment practices, which may include practices that are non-transparent and fail to respect the dignity as well as human rights of workers. In such circumstances, workers may be at risk of exploitation during both the recruitment process and employment. Consistent adherence to ethical recruitment practices by all parties implicated in the recruitment process (including private recruitment agencies, employers and jobseekers) therefore significantly contributes to the reduction of these risks.

In West Africa, this correlation is particularly relevant as young West African migrants attracted by false promises of employment, high wages and decent working and living conditions are increasingly subjected to exploitative recruitment processes. Through this study, IOM seeks to shed light on this situation by assessing current recruitment practices and migrant worker protection mechanisms in place in the following case study countries: Côte d’Ivoire, the Gambia, Ghana, Nigeria and Senegal. This study explores and critically examines the existing evidence base on key aspects of the topic to inform potential policy and programmatic responses designed to enhance labour migration impacts for current and potential migrant workers located in as well as originating from West Africa. This publication entails both a desk-based review of the current published evidence base as well as insights derived from interviews with national stakeholders from the five case study countries.

This research publication was made possible through support provided by the Migration Resource Allocation Committee (MIRAC).

 

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IOM-MPI Issue in Brief No. 4 - Regulating Private Recruitment in the Asia-Middle East Labour Migration Corridor

The Middle East represents one of the most sought-after and competitive labour markets in the world, with an estimated 10 million contract workers in the Gulf states alone – 70 per cent of whom are Asian. 

The vast majority of this temporary labour movement is brokered by recruitment agencies; and with the supply of labour overwhelmingly outweighing demand, oversight of recruitment practices is extremely difficult. Migrant workers are willing to pay a stiff premium to work in the Middle East, even in the face of onerous placement fees and less-than-ideal work and living conditions once at destination. 

In Regulating Private Recruitment in the Asia? Middle East Labour Migration Corridor, author Dovelyn Rannveig Agunias examines how sometimes unscrupulous recruitment agencies take advantage of the migrants they purport to serve, by charging excessive placement fees and offering expensive pre-departure loans. 

The issue brief, the fourth in a series launched by the Migration Policy Institute (MPI) and the International Organization for Migration’s Regional Office for Asia and the Pacific, discusses the policy options that could be implemented to curb abuses by increasing government intervention in recruitment operations. 

Available policy levers for regulating recruitment practices are many and should aim to achieve the following overarching goals: (1) reduce the number of recruitment agencies to an optimal level to prevent cut-throat competition, (2) bring subagents and brokers into the formal sector, (3) regulate transactions among recruiters and between recruiters and employers and (4) harmonize regulations governing recruitment agencies at origin and destination. 

The issue brief suggests that governments at both origin and destination should become involved by introducing parallel measures (such as provision of equal treatment and basic rights) that empower labour migrants and give them the needed negotiating leverage in an otherwise unequal employment relationship. 

The IOM-MPI issue briefs, a monthly joint-publication offering succinct insights on migration issues affecting the Asia-Pacific region today, are available at IOM Online Bookstore and Migration Policy Institute.

 

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Fair and Ethical Recruitment Due Diligence Toolkit by IOM

The International Organization for Migration (IOM) Fair and Ethical Recruitment Due Diligence Toolkit was developed to support business enterprises in fulfilling their responsibility to respect human rights in the context of international recruitment. It provides practical tools that enterprises can use to conduct comprehensive due diligence in line with the UN Guiding Principles on Business and Human Rights (UNGPs), the OECD Due Diligence Guidance for Responsible Business Practice, and IOM’s Migrant Worker Guidelines (MWGs). It can be used by enterprises to develop or strengthen due diligence processes in directly recruiting and managing business relationships with labour recruiters and private employment agencies that place migrant workers.

The tools within the Toolkit contain detailed guidelines and practical recommendations on how the due diligence processes described in the UNGPs and MWGs can be operationalized. The tools include interactive features that will direct users to the next due diligence process or the corresponding actions that are recommended for them to take. Enterprises may directly use or edit the tools to adapt to the unique nature of their operations and business relationships.

 

Tools to operationalize fair and ethical recruitment due diligence:

  1. 1. Embedding fair and ethical recruitment principles into policies and management systems
     
  2. 2. Identifying and assessing adverse human and labour rights impacts on migrant workers

 

  1. 3. Preventing and mitigating adverse human and labour rights impacts on migrant workers

 

  1. 4. Tracking implementation and results

 

  1. 5. Communicating how adverse impacts are addressed
     
  2. 6. Providing access to remedy

 

Access the full Toolkit here.

For questions, please email iom.dd.support@iom.int.

 

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IOM Launches Fair and Ethical Recruitment Due Diligence Toolkit to Support Businesses and Protect Migrant Workers

Posted at November 30th 2022 12:00 AM | Updated as of November 30th 2022 12:00 AM

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New ILO initiative to help protect migrant worker wages in Malaysia

Posted at February 3rd 2023 12:00 AM | Updated as of February 3rd 2023 12:00 AM

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