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.

 

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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.

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Complaint mechanisms for Vietnamese migrant workers: An overview of law and practice

This report presents the results of a study initiated under the ILO GMS TRIANGLE project which considered both the laws governing migrant worker complaints and the practical experiences of migrant workers and authorities in navigating the complaints system.

This report provides important context regarding the challenges that may arise during the complaint making process, prompting consideration of the policy and legislative measures that may increases migrant workers' access to justice.

The report finds that while there is a legislative framework that facilitates complaints, gaps in coverage contribute to a lack of clarity for both workers and authorities. The documented practical experiences of workers and authorities indicate that uncertainty or a lack of information leave many migrant workers feeling unsupported or unsure of how to lodge or progress a complaint, with many reports of unresolved complaints or unsatisfactory outcomes. This in turn can have an adverse impact on government policies designed to promote economic development and overseas deployment targets. 

The report finds that recent legislative developments and enhancements to internal government processes can be harnessed, through responsible implementation, to drive positive advancements and address challenges in respect of complaint mechanisms. The report makes a series of recommendations designed to promote practical improvements to the complaints process; through legislative reform and effective implementation of laws, conducting training and developing guidance material to increase awareness of complaints procedures, and conducting further research to better capture complaints’ data.

 

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Media-friendly glossary on migration

The use of the right terminology is key for quality reporting, to avoid stigmatization and positively influence the debate on migration.

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Recruitment Monitoring & Migrant Welfare Assistance: What Works?

As numbers of temporary labour migrants have rapidly increased over the past four decades, facilitating international migration has become a highly profitable and multi-faceted business. Human rights defenders, civil society organisations, journalists and academics have consistently exposed exploitation of migrants which occurs during recruitment processes. Abuses include high recruitment fees that lead to debt bondage, the processing of fake employment and immigration documents, confiscation of identity documents, and emotional and physical violence, or even trafficking for forced labour. On arriving in many destination countries migrants are left unprotected and vulnerable to more exploitation.

This study, conducted by an international research team between January and April 2014, reviews existing recruitment monitoring mechanisms and migrants’ access to rights and welfare assistance across Colombo Process Member States (Afghanistan, Bangladesh, China, India, Indonesia, Nepal, Pakistan, the Philippines, Sri Lanka, Thailand and Viet Nam), and key destination states (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, UAE and Yemen).  With analysis presented thematically, the report concludes with a series of recommendations for Colombo Process governments.

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