Regional operational guidelines on fair and ethical recruitment in ASEAN. Improving regulation and enforcement: A resource for regulators

The regional operational guidelines provide guidance to government regulators on fair recruitment practices, licensing private recruitment agencies, monitoring recruitment processes, and acting on complaints related to the recruitment process. Developed within the framework of the ILO general principles and operational guidelines for fair recruitment, these regional operational guidelines are relevant to both countries of origin and destination.

Labour migration plays an important role in fostering economic and social development in the ASEAN region. Fair and ethical recruitment can protect migrant workers from experiencing labour rights’ violations, including trafficking and forced labour. However, recruitment is often an imperfect process, characterized by fraudulent and exploitative practices. These imperfections have been particularly damaging to the interest of workers seeking jobs across national borders.

The new ILO regional operational guidelines on fair and ethical recruitment provide guidance on licensing of private recruitment agencies, the monitoring of recruitment processes, effective inspection and enforcement mechanisms, and acting on complaints. The regional operational guidelines have been developed as a practical resource for regulators in the ASEAN region and are intended to apply to both countries of origin, and destination, depending on the context.

Measuring sustainable development goal indicator 10.7.1 on recruitment costs of Vietnamese workers overseas: Results of the Labour Force Survey 2021

This report "Measuring sustainable development goal indicator 10.7.1 on recruitment costs of Vietnamese workers overseas: Results of the Labour Force Survey 2021" was developed using data from the Viet Nam Labour Force Survey 2021. This is the first time the General Statistics Office has released a study on Vietnamese workers abroad.

The report results showed basic characteristics of Vietnamese workers overseas within the last three years (2018-2021). In particular, the report has shown that, on average, Vietnamese workers going to work abroad had to use the equivalent of 7.4 months of their first-month salary to pay for or cover recruitment costs for getting their job abroad in the first place. Based on the study results, the report has proposed policy recommendations related to Vietnamese workers overseas.

Achieving fair and ethical recruitment: Improving regulation and enforcement in the ASEAN region

This report focuses on the efforts of ASEAN Member States to foster fair and ethical recruitment. It maps the laws and regulations, and moreover, the enforcement mechanisms States have employed, and reviews evidence of the results achieved.

Job information can be a rare commodity in the labour market – employers know what skills they need but not where to find them; while the workers know their skills but not who is in need of them. Intermediaries such as recruiters play a useful role in resolving this asymmetry of information. In the real world, however, the operation of the recruitment market is highly imperfect. Common recruitment-related abuses faced by migrant workers in elementary occupations include: paying exorbitant recruitment fees to recruiters, deception concerning the terms and conditions of employment contracts, processing fake documents, confiscation of passports or ID documents, and physical as well as emotional violence and threats. The ILO’s General Principles and Operational Guidelines for Fair Recruitment, call on Member States to adopt appropriate legislation and policies to protect the rights of migrant workers.

In the Association of Southeast Asian Nations (ASEAN) region, where labour migration has become prominent, fair and ethical recruitment can prevent migrant workers from experiencing abusive conditions, including trafficking and forced labour. This report focuses on the efforts of the ASEAN Member States to foster fair and ethical recruitment. It maps the laws and regulations of these Member States and the enforcement mechanisms they have employed, and reviews evidence of the results they may have achieved.