Addressing governance challenges in a changing labour migration landscape

This report aims to contribute to an informed and balanced discussion of migration and labour issues. It examines the role of the ILO and its constituents in achieving fair and effective governance of labour migration that benefits societies of origin and destination, protects the rights of migrant workers and their families, and enhances social cohesion.

Global Study on Recruitment Fees and Related Costs

A global study that examines the laws and policies of 90 countries, as well as numerous bilateral labour agreements and multi-stakeholder initiatives to identify the efforts Member States have made to regulate or prohibit recruitment fees and costs charged to workers. The global study supported the ILO’s adoption of the Definition of Recruitment Fees and Related Costs, which is to be read in conjunction with the ILO’s General Principles and Operational Guidelines on Fair Recruitment.

This Global Comparative Study on Recruitment Fees and Related Costs was prepared ahead of the Tripartite Meeting of Experts on Recruitment Fees and Related Costs, which took place in Geneva from 14 to 16 November 2018. It brings together the findings from five regional reports that examined 90 national government responses, 18 bilateral agreements and 12 multistakeholder initiatives. The analysis of findings provides a clearer picture of how Member States have addressed the issue of recruitment fees and related costs at the policy level. Overall, the report advances ILO’s work on promoting Fair Recruitment, in particular to reduce recruitment fees and related costs paid by workers.

Promising practices for fair recruitment

This list presents a series of promising fair recruitment practices and results from a stocktaking exercise undertaken five years after the launch of the Fair Recruitment Initiative (FRI).

 

Establishment of the National Union of Malagasy Domestic Workers (SENAMAMA) 

Code of Conduct for Ethiopian Overseas Private Employment Agencies 

Recruitment of health workers through bilateral labour agreements (BLAs): Kenya and the United Kingdom 

Madagascar alignment of labour code to newly ratified conventions 

Regulation of Private Recruitment Agencies in Uganda 

Law amendment concerning management of migrant workers in Thailand 

Revision of the Law on Contract-Based Overseas Workers 

Italian National Action Plan to tackle labour exploitation, unlawful recruitment and forced labour in agriculture 

Nepal – Bilateral labour agreements include provisions related to fair recruitment  

Bangladesh – Government capacity enhanced to promote fair recruitment in bilateral negotiations and arrangements 

Tunisia – Formation of a new body of inspectors for the recruitment industry  

India – Blacklisting employers and recruiters abroad to protect Indian migrant workers  

Piloting fair recruitment from Bangladesh to Qatar in the construction sector  

Fair recruitment pilot between Nepal and Jordan in the garment sector  

Mexico - Fair recruitment practice by recruitment agency adapted to COVID-19  

Code of Conduct on the fair recruitment of Filipino migrant domestic workers in Hong Kong (China)  

Code of Conduct in international supply chains by Responsible Business Alliance 

Commitment to fair recruitment and due diligence in the sugar and palm oil industry of Guatemala   (English) Guatemala – Compromiso con la contratación equitativa y la debida diligencia en el sector guatemalteco del azúcar y el aceite de palma (Español)

Zero recruitment fee policy for (migrant) workers in Jordan 

Guatemala – Outreach through trade unions including attention to COVID-19 (English) Guatemala – Difusión a través de los sindicatos, incluida la atención a la COVID-19 (Español)

Raising Pakistani migrant worker’s awareness of their right to fair recruitment

 

Trade union action to promote fair recruitment for migrant workers

This brief highlights trade union action to promote and protect fair recruitment for migrant workers through actions including policy advocacy, service provision and outreach.

Establishing Ethical Recruitment Practices in the Hospitality Industry

This document provides practical guidance for the hospitality industry on how to ethically recruit international migrant workers within business enterprise operations and supply chains. It has been developed by IOM in partnership with the Sustainable Hospitality Alliance.

This guidance aligns with ethical recruitment principles from IOM’s IRIS Ethical Recruitment initiative and the IRIS Standard, which is a global, multi-stakeholder standard that defines and establishes an operational benchmark for ethical recruitment. It is also closely aligned with the Sustainable Hospitality Alliance’s Principles on Forced Labour: (a) every worker should have freedom of movement; (b) no worker should pay for a job; and (c) no worker should be indebted or forced to work.

This guidance is global in nature and designed primarily for hotels. It is applicable to both multinational enterprises and small- and medium-sized enterprises. It can also serve as a resource for other tourism-related industries, as the principles of ethical recruitment are universal.

 

Guidance Notes and Tools

Guidance Note A: Establishing Ethical Recruitment Practices in the Hospitality Industry
Guidance Note B: Building the knowledge and capacity of hotels to implement ethical recruitment
Guidance Note C: Working with civil society and including migrant worker voice
Tool 1: Working with labour recruiters and employment agencies
Tool 2: Interviewing migrant workers about their recruitment and employment experiences
Tool 3: Incorporating ethical recruitment into procurement practices
Tool 4: Access to remedy and business grievance mechanisms
Tool 5: Frequently asked questions about migrant workers and recruitment

 

IRIS Handbook for Governments on Ethical Recruitment and Migrant Worker Protection: Chapter 2 – Implementing and improving licensing frameworks

This resource is the second chapter of the IRIS Handbook for Governments on Ethical Recruitment and Migrant Worker Protection. It provides governments with practical guidance on how to implement and improve the administration of private international labour recruiter frameworks, with an emphasis on ensuring recruiters are competent in and accountable to ethical recruitment principles.

The chapter covers a broad range of relevant topics including: knowledge of ethical recruitment standards (information and educational options); licence application and assessment (screening process, eligibility and requirements); licence features and conditions; and accountability measures (oversight and transparency).  Guidance is intended for government officials in their capacities as regulators and inspectorates of private labour recruiters at various levels of administration (national, subnational) and across relevant portfolios (labour, immigration, consumer protection, etc.). It can be applied in countries of origin, transit and destination.

The IRIS Handbook is IOM’s flagship global guidance tool for governments on ethical recruitment and migrant worker protection. It builds directly on the Montreal Recommendations on Recruitment: A Road Map towards Better Regulation with more detailed measures for consideration, and profiles relevant concrete actions that governments around the world have taken.

 

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

 

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.