IRIS Handbook for Governments on Ethical Recruitment and Migrant Worker Protection: Chapter 4 – Advancing inter-State cooperation

This resource is the fourth chapter of the IRIS Handbook for Governments on Ethical Recruitment and Migrant Worker Protection. With direct relevance to inter-State labour migration governance mechanisms and processes, it provides governments with practical guidance on how to integrate, mainstream and prioritize ethical recruitment in these cooperative activities.

The chapter covers a broad range of relevant topics including: the value and benefits of inter-State cooperation in international labour recruitment governance; the landscape of relevant labour migration mechanisms and processes (including labour migration agreements and inter-State consultation mechanisms); and specific guidance and examples of how to advance and prioritize ethical recruitment in these endeavours. Guidance is intended for government officials in their capacities as negotiators, regulators, inspectors, labour attachés and consular officials at different levels of administration (national, subnational) and across relevant portfolios (labour and employment, migration, foreign affairs, etc.).

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.

IRIS Handbook for Governments on Ethical Recruitment and Migrant Worker Protection: Chapter 3 – Strengthening the effectiveness of inspectorates

This resource is the third chapter of the IRIS Handbook for Governments on Ethical Recruitment and Migrant Worker Protection. It provides governments with practical guidance on how to strengthen the effectiveness of inspectorates to ensure that migrant workers are empowered and protected during the inspection process.

The chapter covers a broad range of relevant topics including setting up an effective inspectorate in law and practice (legal framework, monitoring and enforcement strategy, resources, process and decision-making, collaborative approaches) and migrant-sensitive inspection approaches and methods (facilitative conditions for migrant workers, inspection modalities, interview techniques). Guidance is intended for government officials in their capacities as inspectors at various levels of administration (national, subnational) and across relevant portfolios (labour, migration, 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.

Labour Mobility and Regional Integration in East and Horn of Africa

This report analyses the role of the East African Community (EAC) Protocol on the Establishment of the East African Community Common Market (CMP) and the Intergovernmental Authority on Development (IGAD) Protocol on Free Movement of Persons in the IGAD Region (FMP) in facilitating labour mobility in the East and Horn of Africa (EHoA) region. The report provides an in-depth analysis of the legal and policy context of protecting the rights of migrant workers in the EHoA region, focusing on the EAC CMP and IGAD FMP and national labour provisions of the case study countries, namely Kenya, Rwanda and Uganda. It also discusses the opportunities and challenges of overlapping memberships for the implementation of the IGAD FMP and acceleration of the EAC CMP in relation to labour mobility and migrant workers’ rights based on the experiences of Kenya and Uganda. It also explores the impact of overlapping memberships and COVID-19 on labour mobility while taking into account gender considerations.

Labour Migration Process Mapping Guide: Understanding and Assessing Human and Labour Rights Risks to Migrant Workers During Recruitment, Employment and Return

The Labour Migration Process Mapping Guide aims to help business enterprises identify, mitigate, and address human and labour rights risks faced by migrant workers in global supply chains. It provides step-by-step instructions on how to retrace the steps that migrant workers take from their communities of origin to their workplaces in destinations, and determine the effectiveness of existing recruitment management systems to prevent and address forced labour risks.

Designed primarily for business enterprises with complex international supply chains where migrant workers are present, the Guide builds on the United Nations Guiding Principles on Business and Human Rights (UNGP) and relevant international human rights, labour standards and frameworks on responsible business conduct.

Notably, the Guide was a collaborative effort developed in consultation with governments, civil society, migrant workers and the private sector, as well as by the collection of good practices by employers, multinational enterprises and labour recruiters.

Three supporting tools, which include effective interview techniques and key considerations to ensure migrant worker safety and well-being, are also attached in the Guide. They are:

• Migrant Worker Interview Tool
• Employer Management Interview Tool
• Labour Recruiter Management Interview Tool

ITUC Policy Brief: a new social contract for migrant workers

Decent Work deficits, xenophobia, racism and discrimination, conflicts, insufficient mitigation and adaptation to Climate Change mean many people have no choice but to accept substandard employment or undignified working conditions.

A New Social Contract is more urgent than ever to create more inclusive societies and economies, where migrants and their families can work and live with dignity. Workers call for a rights-based governance of migration that is designed, implemented and monitored through social dialogue and with international labour standards – such as freedom of association and collective bargaining rights – at the forefront.

Fair recruitment in El Salvador, Guatemala, Honduras and Mexico: Assessing progress and addressing gaps

Analysis of progress and gaps in the regulatory framework, policies and enforcement on fair recruitment in the region and in each country, with recommendations to address regional and national challenges.

The document also compiles cases, good practices and recent efforts in various sectors and regions at local and international level by governments, employers' organisations and workers' organisations.

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.

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.