For a fee: The business of recruiting Bangladeshi women for domestic work in Jordan and Lebanon

This working paper aims to shed light on the business models of labour recruiters that facilitate the recruitment of women from South Asian countries into domestic work in the Middle East, with a particular focus on Bangladesh, Jordan and Lebanon.

Focusing primarily on Bangladesh, Jordan and Lebanon, the study draws on 126 interviews conducted with key stakeholders, to analyse the recruitment ‘business model’ utilised by private employment agencies specialising on the domestic work sector.

Globally, the international recruitment industry is composed of an increasingly complex web of actors. In order to profit, private employment agencies must devise competitive strategies to generate income greater than the costs of selecting, processing and mobilising people into jobs. Such business models are dynamic and responsive to changes in market demands and skills’ availability. 

The study also assesses the influence of national laws, policies and regulations on how private employment agencies conduct their business. By illuminating the factors that guide the actions of private employment agencies, the study aims to inform better policies and interventions to protect migrant domestic workers and eliminate abusive practices.

Pathways for empowering employment: Diversity and challenges for women migrant workers of Bangladesh

The study focuses on short term overseas employment of semi-skilled and low-skilled workers because most Bangladeshi female workers fall under this category. It covers only regular migration because there is insufficient data available on irregular, undocumented migration.

Committed to ensuring the protection and empowerment of women migrant workers in alignment with the outlined targets, the Government of Bangladesh recognizes the need to explore new employment markets and additional trade opportunities that are safe and that provide dignified work opportunities. For this reason, UN Women (in collaboration with the International Labour Organization and financial support from the Swiss Agency for Development and Cooperation) commissioned these two studies: an analysis of Japan as a potential destination for work for Bangladeshi women and an analysis of caregivers in health care and beauticians in beauty parlours as two potential formal labour sector occupations.

Gender equality in labour migration law, policy and management (GEM Toolkit)

Promoting better media reporting relating to returning Nigerian migrant workers

This information brief was developed by the FAIRWAY Programme of the International Labour Organization (ILO) and covers key findings and recommendations from a media monitoring study, looking at the coverage of Nigerian returning migrants over the period of May 2020 - February 2021.

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.

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.

Fair recruitment and access to justice for migrant workers

Over 169 million men and women today live and work outside their country of origin in pursuit of decent work and better livelihoods. Public employment services and private employment agencies, when appropriately regulated, play an important role in the efficient and equitable functioning of labour markets by matching available jobs with suitably qualified workers. However, it is during the recruitment phase that migrant workers, especially low-wage workers, are particularly at risk of entering a cycle of abuse and exploitation.

Access to justice is central to making human rights, including labour rights, a reality for all workers and individuals. It is premised upon the central tenet of non-discrimination – that every person is entitled, without discrimination and on an equal basis with others, to equal treatment and protection under the law.1 In addition, a number of international Conventions and instruments guarantee the right to a fair and public hearing and process2 as well as the right to an effective remedy.3 For a remedy to be considered effective, it must:

• be accessible, affordable, adequate and timely;

• combine preventive, redressive and deterrent elements; and

• include the right to be treated “equally in all stages of procedure”, regardless of personal characteristics such as gender, race, or ethnicity, among others.

To this end, this working paper focuses on good practices concerning the migrant workers’ right to access to justice in the context of their labour recruitment, where recruitment is understood to include the advertising, information dissemination, selection, transport, placement into employment and – for migrant workers – return to the country of origin where applicable. The paper first gives an overview of current gaps in rights protection throughout the labour migration cycle and then outlines the sources of the right to access to justice under international human rights law, international labour standards and instruments, bilateral agreements, and the UN Guiding Principles on Business and Human Rights (UNGPs). It also briefly sets out the processes that may be available for seeking redress, as well as the structural factors that obstruct migrant workers from accessing these processes and provides examples of good practices from around the world that are constructively addressing these barriers to accessing justice.

Master class on fair recruitment

Within the context of exacerbated challenges created by COVID 19 pandemic, the ILO’s General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs (GP&OG) provides invaluable guidance on how to ensure the recruitment process of workers, especially migrant workers. The GP&OG are organized in a way that respects the rights of those involved, the needs of communities of origin and destination, and takes into account the legitimate needs of employers and recruiters.

Based on the ILO Fair Recruitment Initiative Strategy, the ILO and ITC-ILO have developed a series of Master class on fair recruitment, to explain what can be done to reduce the risk of abusive and fraudulent recruitment of workers. The Masterclass on fair recruitment is divided into six modules:

1. 1. Why fair recruitment matters
2. 2. Legal and normative framework
3. 3. Public and private employment services
4. 4. Monitoring and enforcement, 
5. 5. Business and private sector engagement
6. 6. Union's Role

Facilitating Journeys: The role of intermediaries in labour migration process from Nepal

What happens after the decision to migrate for work has been made? What steps do prospective migrants take, where do they obtain information and what services do they seek? This infographic is based on qualitative research amongst migrant workers that examines the wide range of intermediaries that workers encounter in their migration journey.

As part of its Integrated Programme on Fair recruitment (FAIR), a global programme supported by the Swiss Development Cooperation, the ILO in Nepal commissioned a study amongst prospective and returning migrant workers to document their experience and in particular their interaction with various intermediaries that are involved in the migration process. Qualitative data was collected through in-depth interviews with 32 men and 9 women migrant workers, originating from 5 provinces, that were either abroad or had recently returned to Nepal.

This infographic illustrates the collection of narratives from migrant workers and builds a picture of their experiences after deciding to migrate. Who do workers interact with as they prepare their journeys? Where do they gather information? How do they prepare for interviews and who supports the processing of job applications and contracts? How are visas obtained, and where do workers receive orientation and training? What costs do these various services amount to? Furthermore, what network of intermediation and support do workers connect with one they have reached their destination? And, finally, who do workers turn to settle outstanding issues upon return to Nepal?

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.