Labour inspection and monitoring of recruitment of migrant workers

With a view towards contributing to achieving fair recruitment of migrant workers, this paper offers an overview of the main challenges pertaining to monitoring of recruitment of migrant workers by labour inspectorates, along with suggested ways forward and pointers for possible action by the ILO.

Labour inspection responsibilities extend to all stages of the recruitment process. The ILO General Principle for Fair Recruitment 5 states that “Regulation of employment and recruitment activities should be clear and transparent and effectively enforced. The role of the labour inspectorate and the use of standardized registration, licensing or certification systems should be highlighted.” Furthermore, Operational Guideline 5.1 outlining the responsibilities of governments indicates that: "Governments should work to ensure that there is an effective and sufficiently resourced labour inspectorate, and that it is empowered and trained to investigate and intervene at all stages of the recruitment process for all workers and all enterprises, and to monitor and evaluate the operations of all labour recruiters.” However, inspection of recruitment processes remains challenging – leaving many vulnerable workers (including migrant workers and those in the informal economy), exposed to exploitation and abuse.

In order to further expand knowledge and advocacy on the role of the labour inspectorate in ensuring fair recruitment, the ILO Labour Migration branch and the Labour Administration, Labour Inspection and Occupational Safety and Health branch commissioned a brief on fair recruitment and labour inspection, with the contribution of several projects (EU-REFRAME, SDC-FAIR II and SIDA-JLMP).

2019 Recruitment Costs Pilot Survey Report-Ghana, Measuring SDG Indicator (10.7.1)

This report presents the survey results and examines the recruitment costs, monthly earnings, and Recruitment Cost Indicator (RCI) of migrant workers taking into account their socio-demographic characteristics such as age, occupation, the industry of work, educational attainment, skills, and gender.

In 2019, the Ghana Statistical Service conducted the Recruitment Cost Pilot Survey (RCPS) in four administrative districts, namely, Mampong Municipal, Asante Akim North in the Ashanti Region, and Berekum and Techiman in the Bono and Bono East regions, respectively. The study was mainly designed to pilot an ILO recommended survey methodology to collect data on recruitment costs and monthly earnings of migrant workers from purposely selected districts, in a bid to calculate the SDG indicator 10.7.1 (Recruitment Cost Indicator). This report, therefore, presents the survey results, as it examines the recruitment costs, monthly earnings, and Recruitment Cost Indicator (RCI) of migrant workers taking into account their socio-demographic characteristics such as age, occupation, the industry of work, educational attainment, skills, and sex.

The results of this pilot study show that the survey methodology adopted for this study is suitable for estimating the RCI as required for measuring the SDG indicator 10.7.1. The study shows that the RCI levels, derived from average recruitment costs and monthly earnings for migrant workers, could plausibly be a function of skill level, country of destination, or educational level of the migrant worker. This is because lower levels of RCI could be associated with highly-skilled workers, highly educated migrant workers, and developed countries due largely to commensurate high monthly earnings, a result that resonates with our a-priori expectation.

The Ghana Statistical Service (GSS) implemented the study in collaboration with the International Labour Organization (ILO) with funding from the European Union.

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.

Visual tool on the ILO definition of recruitment fees and costs

The definition of recruitment fees and related costs, adopted by a Tripartite Meeting of Experts, held in Geneva in November 2018. The definition recognizes the principle that workers shall not be charged directly or indirectly, in whole or in part, any fees or related costs for their recruitment. This comprehensive definition is guided by international labour standards and should be read together with the General Principles and Operational Guidelines for Fair Recruitment.

The definition is intended to support the development, monitoring, implementation and enforcement of laws, policies and measures aimed at the protection of workers’ rights. It also supports development and implementation of effective regulation of recruitment practices to combat non-compliance, support transparency of recruitment practices, as well as enhance the functioning of labour markets. Considering the complexity of the definition, this new tool helps navigate its various components in an interactive and accessible manner.

Considering the complexity of the definition, the ILO developed a new visual tool on the ILO definition of recruitment fees and costs. This new tool helps navigate its various components in an interactive and accessible manner.

Extracts of the first thematic dialogue of Alliance 8.7 Pathfinder Countries

This video presents extracts of the first thematic dialogue of Alliance 8.7 Pathfinder Countries. The online event brought together members of the Alliance to discuss how to accelerate progress towards target 8.7 of the 2030 sustainable development goals. This target seeks to eradicate forced labour, modern slavery, human trafficking, and child labour.

The thematic dialogue, held in May 2022, focused on the topic of recruitment, and what practical measures are taken by governments and social partners to promote fair recruitment in their respective countries.

In these videos we present speakers from Mexico and from Tunisia.

In the first video, we hear from Maestra Ingrid CEBALLOS, the General Director for Institutional Affairs, in the Ministry of Labour and Social Welfare of the Government of Mexico. Maestra CEBALLOS is also the co-chair ILO Fair Recruitment Initiative’s advisory committee.

We then hear from Mrs Luz Maria CHOMBO, Certification Manager for the employer’s organisation AHIFORES (International Horticultural Alliance for the Promotion of Social Responsibility).

In this video, we hear from Mr. Ahmed MESSAOUDI, Director General at the Ministry of Vocational Training and Employment; Mr. MESSAOUDI is a member of the Advisory Committee of the ILO Fair Recruitment Initiative. We then hear from Mr. Abdelkader Mhadhbi from the Tunisian General Labour Union (UGTT).

The webinar was facilitated by Ms. Laura de Franchis (ILO, Geneva), and organised by Ms. Gaëla Roudy Fraser (ILO, Geneva) as part of the implementation of the Integrated Programme on Fair Recruitment (FAIR, phase II) supported by the Swiss Agency for Development and Cooperation.

Verité’s Work Supporting Safe, Fair, and Legal Recruitment for Workers

Verité performs research and develops tools, guidance and approaches to support responsible recruitment and hiring.

Verité’s CUMULUS Forced Labor Screen™

Verité’s CUMULUS Forced Labor Screen™ maps labor supply chains using patent-pending technology to gather data on workforces, recruiters, and unethical recruitment and employment practices. The membership-based platform proactively screens priority operations, supply chains, and investment portfolios for the presence of the International Labour Organization (ILO) forced labor indicators.

Responsible Sourcing Tool

The Responsible Sourcing Tool is the result of the collaboration of four institutions committed to fighting human trafficking: the State Department’s Office to Monitor and Combat Trafficking in Persons, Verité, Made in a Free World, and the Aspen Institute.

The Impact of the New UK Immigration System on Human Trafficking into the UK

This paper explains how the immigration system opens up the potential for human trafficking and exploitation of individuals on a massive scale globally, orchestrated by organised crime gangs, criminals, scammers, profiteers and unscrupulous employers.