Migrant Worker Guidelines For Emloyers - 5
Migrant Worker Guidelines For Emloyers - 5
Migrant Worker Guidelines For Emloyers - 5
GUIDELINES FOR
EMPLOYERS
IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the operational challenges
of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants.
This publication was produced by IOM Corporate Responsibility in Eliminate Slavery and Trafficking (CREST) in consultation with IOM’s key stakeholders from the private sector, expert organizations and civil society. IOM gratefully acknowledges
the support of IOM colleagues Lara White, Philip Hunter, Peppi Kiviniemi-Siddiq, the regional team of CREST and across various IOM thematic units, as well as Nilim Baruah (ILO Asia–Pacific), Katja Freiwald and Nansiri Iamsuk (UN-Women
Asia-Pacific), Apolinar Tolentino (Building and Wood Worker’s International), Shelly Han and Heeral Coleman (Fair Labor Association), Archana Kotecha (The Remedy Project), Cindy Berman (consultant), Vidhi Aggarwal (Apple), Aditi Wanchoo
and Rammanee Akkaphan (adidas), Kyle Bogler and Maria Lassen (VF Corporation) for providing useful feedback on the guidelines. Maximilian Pottler, Claire Pütz, Linh Thi Tuyet Pham and Hannah Plumb from IOM were the lead authors. The
opinions expressed herein are those of the author and do not necessarily reflect the views of IOM.
Cover photo: Workers in a Singaporean shipyard disembark a gas vessel during a planned fire drill. ©Sol 2018/Unsplash.
Required citation: M. Pottler, C. Pütz, L. Pham and H. Plumb, 2021. Migrant Worker Guidelines for Employers. International Organization for Migration (IOM), Geneva.
© IOM 2021
Some rights reserved. This work is made available under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 IGO License (CC BY-NC-ND 3.0 IGO).*
For further specifications please see the Copyright and Terms of Use.
This publication should not be used, published or redistributed for purposes primarily intended for or directed towards commercial advantage or monetary compensation, with
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PUB2021/125/R
MIGRANT WORKER
GUIDELINES FOR
EMPLOYERS
INTRODUCTION
ADDITIONAL TERMINOLOGY
RESOURCES
Provides an overview of global migration trends, the Outlines how employers should address and mitigate Outlines the key human rights principles and Provides tools, including checklists, guidance notes
labour migration process and the responsibility of the risks migrant workers face by putting in place a practices employers should follow when recruiting and other useful documents, to help employers
employers to respect the rights of migrant workers labour migration management system based on four and employing migrant workers. The principles develop and implement the system, principles and
and mitigate risks of harm. components. follow typical stages of the labour migration practices to manage the labour migration process.
process.
• Component 1: Policy commitment
• Key facts and figures on migration
All stages of labour migration: Overarching
• Component 2: Human rights due diligence
• Overview: The labour migration process principles
• Component 3: Remediation
• Component 4: Engagement with migrant workers • Stage 1: Recruitment and deployment
• Stage 2: Employment
• Stage 3: Return or onward migration
PART 1
UNDERSTANDING
MIGRANT WORKERS
AND THE LABOUR
MIGRATION PROCESS
Open Section
Tamil women plucking tea leaves near Nuwara Eliya, Sri Lanka (Ceylon) © Husain Akbar 2019/Unsplash
Contents Additional Resources Terminnology Overview Part 01 Part 02 Part 03 Part 04
2/3
BETTER
272
MILLION PEOPLE
EMPLOYMENT
OF ALL INTERNATIONAL
A QUARTER OF ALL MIGRANTS BETTER MIGRANTS MOVE FOR WORK
MOVE BETWEEN COUNTRIES EDUCATION (164 MILLION PEOPLE)
Migrant workers make a valuable contribution to society. They exploitation. The latest global estimates on modern slavery indicate enterprises establish a safe, fair and respectful environment for
support the development of their countries through remittances and that migrant workers represent almost a quarter of the 25 million migration and employment. It will also build awareness on the risks
help facilitate the transfer of skills and creation of business and trade victims of forced labour globally.2 Around the globe, migrant workers migrant workers can face and the vulnerabilities they have. The
networks. In countries of destination, migrant workers help fill critical move and migrate in irregular conditions and are therefore exposed journey that migrant workers often take from their community in the
labour shortages, especially within the context of ageing populations to increased risks to experience harm during their journeys. While country of origin, through countries of transit or directly to the
and changing labour market trends and demographics. Migrant governments, civil society and the private sector must work together worksite in the country of destination, can be broken down into three
workers also contribute during times of emergency and crisis, such as to address this problem, there are steps employers can take now to stages: recruitment and deployment, employment, and return or
providing frontline health and essential services, including the supply address potential risks for migrant workers and to respect their onward migration. However, it is important to note that migration
of food and health equipment during the COVID-19 pandemic. human and labour rights. routes and practices may change over time and can differ depending
on involved countries and migration context.
While most migrant workers have positive migration and employment Understanding the unique needs and experiences of migrant workers
experiences, they can be vulnerable to discrimination, abuse and at all stages of the labour migration process will help business
1. IOM, World Migration Report 2020; ILO, ILO Global Estimates on International Migrant Workers: Results and Methodology (Geneva, 2018).
2. IOM, ILO and Walkfree Foundation, Global Estimates of Modern Slavery: Forced Labour and Forced Marriage (Geneva, 2017).
SUMMARY:
THE LABOUR MIGRATION PROCESS
The journey of migrant workers This is the stage when migrant Following the completion of
begins with recruitment. When workers begin their work and life employment in the destination country,
employers are unable to fill at the country of destination. migrant workers typically return to
positions locally, they often Employers of migrant workers their community in the country of
look for workers abroad. In have a responsibility of ensuring origin. Alternatively, some migrant
many cases, migrant workers decent working conditions as workers may choose to extend their
will be identified by labour well as covering additional employment in the country of
recruiters operating on behalf aspects related to migrant destination, change employment or
of the employers. workers’ life abroad. migrate to another country.
PART 2
BUILDING A
LABOUR MIGRATION
MANAGEMENT SYSTEM
• Policy commitment;
• Human rights due diligence;
• Remediation; and
• Engagement with migrant workers.
Open Section
One chinese worker assembling production at line conveyor in china factory © kadmy 2020/ Bigstock
Contents Additional Resources Terminnology Overview Part 01 Part 02 Part 03 Part 04
Step 2 Integrate policies into internal management systems Step 2 Implement action plans that are fit-for-purpose
to ensure consistent implementation to prevent and mitigate identified risks
COMPONENT 3 COMPONENT 4
Step 1 Establish or participate in a grievance mechanism Step 1 Include migrant workers in the design,
that is accessible to migrant workers implementation and monitoring of the enterprise’s
policies and management systems related to human
Step 2 Provide effective and prompt remediation where rights and labour migration
harm has occurred
Step 2 Provide effective support services to address the
Step 3 Monitor the implementation of remediation and specific vulnerabilities of migrant workers
capture learnings for continuous improvements
Step 3 Collaborate with credible organizations that can
help overcome persistent challenges
Component 1
BUILDING A LABOUR
MIGRATION MANAGEMENT
POLICY COMMITMENT
SYSTEM Business enterprises should have a public policy commitment to demonstrate respect for migrant workers’ human and labour
rights throughout all stages of labour migration and in line with international standards as well as applicable laws. The
development of the policy should be informed by consultations with all stakeholder groups, including migrant workers and their
representatives. Having a policy commitment allows the enterprise to set a clear standard that can be understood and followed
by enterprise personnel, business partners and other parties directly linked to its operations, business relationships, products
or services. Integrating policies into internal management systems can help ensure consistent implementation, compliance and
continuous improvement over time. The guiding international standards and policies outlined in this document address the
Components
specific needs and risks experienced by migrant workers.
Establish policies 1. Establish clear and written policies that respect • Respect international human rights standards
to demonstrate the human and labour rights of all migrant and the fundamental principles and rights
Due Diligence Step 2 respect for the workers regardless of their migration status at work, including prohibiting child labour,
human and labour and during their recruitment and deployment, forced labour and human trafficking;
rights of migrant employment and return or onward migration. respecting freedom of association and the
workers 2. Involve internal and external expertise and right to collective bargaining; and prohibiting
Remediation stakeholders, including a diverse group of migrant discrimination, sexual and other forms of
For relevant international workers and their representatives, to inform harassment and violence;
frameworks see also: policy development, and obtain approval at • Prohibit the charging of recruitment fees
Additional resources the most senior level executive of the business and related costs to migrant workers and
Engagement with migrant workers enterprise. promotion of the Employer Pays Principle;3
3. Apply the policies to the business enterprise’s • Respect freedom of movement for migrant
own operations and business relationships, workers, including prohibiting the withholding
including labour recruiters, employment agencies, of personal identity documents and other
suppliers and service providers (such as transport, property and right for termination of the
logistics, cleaning, security). employment contract;
4. Include the following minimum commitments in • Respect transparency in employment terms
the policies: and conditions, including prohibiting contract
3. The Employer Pays Principle (EPP) is considered • Respect all applicable laws and regulations substitution;
best practice and is endorsed and promoted by the in countries of origin, transit and destination • Respect access to remedy and protection for
Leadership Group for Responsible Recruitment. relating to recruitment, employment and whistle-blowers;
The Leadership Group consists of several MNEs migration;
including IKEA, HP, Unilever, Coca Cola, which • Respect duty of care to safeguard rights
have all committed to implementing the EPP within • Respect equal treatment of migrant workers of migrant workers in the case of crisis and
their operations and supply chains by 2026. and nationals in employment and working emergency.
conditions;
IOM Migrant Worker Guidelines for Employers 6
Contents Additional Resources Terminnology Overview Part 01 Part 02 Part 03 Part 04
Component 1
BUILDING A LABOUR
MIGRATION MANAGEMENT
POLICY COMMITMENT
SYSTEM Business enterprises should have a public policy commitment to demonstrate respect for migrant workers’ human and labour
rights throughout all stages of labour migration and in line with international standards as well as applicable laws. The
development of the policy should be informed by consultations with all stakeholder groups, including migrant workers and their
representatives. Having a policy commitment allows the enterprise to set a clear standard that can be understood and followed
by enterprise personnel, business partners and other parties directly linked to its operations, business relationships, products
or services. Integrating policies into internal management systems can help ensure consistent implementation, compliance and
continuous improvement over time. The guiding international standards and policies outlined in this document address the
Components
specific needs and risks experienced by migrant workers.
Integrate policies into 1. Communicate the policies to internal and 4. Provide adequate resources, orientation and
internal management external stakeholders, including migrant workers, periodic training to migrant workers, other
Due Diligence Step 2
systems to ensure in languages they understand, and display the employees and business partners for them to
consistent policies on the company’s website and at the understand and apply the policies.
implementation workplace. 5. Regularly review and update the policies at least
Remediation 2. Embed the policies in operational procedures and annually or as risks emerge and evolve in the
processes and integrate into existing and new enterprise’s operations, supply chain and other
business contracts. business relationships.
3. Assign oversight and responsibility to relevant
Engagement with migrant workers
senior management and across appropriate
departments for implementing the policies.
Component 2
BUILDING A LABOUR
MIGRATION MANAGEMENT
DUE DILIGENCE
SYSTEM Business enterprises should carry out human rights due diligence to proactively manage potential and actual adverse human
rights impacts that are caused by or linked to their operations, business relationships, products or services. Human rights due
diligence concerns risks to people, not risks to business. Where such risks are unattended, they can turn into serious legal,
financial and reputational risks for business enterprises. As risks can change over time, due diligence must be an ongoing
process, involve meaningful stakeholder engagement and be transparent to the public. Due diligence measures outlined in this
document are tailored to the labour migration process and the common challenges experienced by migrant workers. These
measures should be integrated into and fill gaps in existing company systems.
Components
Policy commitment
Step 1 Key Actions
Identify and assess 1. Conduct own research, draw on internal and/or • Cataloguing applicable migration-related and
risks to migrant external human rights expertise on the labour labour laws and regulations in origin and
Due Diligence Step 1 migration process and migrant workers, and destination countries as well as standards
workers during all
labour migration undertake meaningful consultations, including set out in the enterprise’s policies and
stages engaging directly with a diverse group of requirements of customers and clients;
migrant workers and/or their representatives to • Establishing and conducting a standardized
Remediation Step 2 understand migration journeys from countries and documented self-assessment process
of origin to locations of work, how and when to identify risks and knowledge gaps against
migrant workers can be vulnerable to human applicable laws and internal policies; this can be
and labour rights violations and which actors supported by external assessments of credible
Engagement with migrant workers Step 3 are involved in countries of origin, transit and third parties and experts on labour migration
destination. See also: Common challenges and topics;
risks experienced by migrant workers at all stages
• Identifying key business partnerships to
of labour migration
complete a standardized assessment that is
Step 4 2. Carry out in-depth assessments to understand verified by supporting documentation.
how own business practices and those of business
3. Based on the information obtained, analyse and
partners may negatively impact migrant workers
prioritize identified risks in accordance with their
during their recruitment and deployment,
severity and likelihood of occurring.
employment and return. The assessments involve
the following key actions: 4. Reassess risks regularly as needed (for instance
changes in applicable laws and regulations, internal
• Mapping the enterprise’s processes,
policy revisions, new business relationships, new
procedures, workforce data and business
recruitment cycle of migrant workers).
relationships including at countries of origin
(for example labour recruiters, training
centres, transportation service providers,
janitorial and security service providers);
IOM Migrant Worker Guidelines for Employers 8
Contents Additional Resources Terminnology Overview Part 01 Part 02 Part 03 Part 04
Component 2
BUILDING A LABOUR
MIGRATION MANAGEMENT
DUE DILIGENCE
SYSTEM Business enterprises should carry out human rights due diligence to proactively manage potential and actual adverse human
rights impacts that are caused by or linked to their operations, business relationships, products or services. Human rights due
diligence concerns risks to people, not risks to business. Where such risks are unattended, they can turn into serious legal,
financial and reputational risks for business enterprises. As risks can change over time, due diligence must be an ongoing
process, involve meaningful stakeholder engagement and be transparent to the public. Due diligence measures outlined in this
document are tailored to the labour migration process and the common challenges experienced by migrant workers. These
measures should be integrated into and fill gaps in existing company systems.
Components
Policy commitment
Step 2 Key Actions
Implement action 1. Develop and implement action plans that include 2. Use company influence to the greatest extent
plans that are clear targets, timeframes, resource allocation possible and support business partners (for
Due Diligence Step 1 and responsibilities for preventing and mitigating example labour recruiters) to implement their own
fit-for-purpose to
prevent and mitigate identified risks to migrant workers in own action plans to address and mitigate risks. Where
identified risks operation and business relationships. Relevant they have made little or no effort to complete
actions relating to migrant workers may include: the action plan, have proved to be incapable of
Remediation Step 2 • Supporting irregular migrant workers in improvement, or where improvement is not
accessing available regularization schemes feasible, consider the temporary suspension or
provided by relevant government departments; termination of the business relationship.
• Revising internal policies to include the 3. Collaborate with trusted partners, such as
Engagement with migrant workers Step 3 prohibition of recruitment fees and related relevant administrative bodies, trade unions, civil
costs charged to migrant workers; society organizations, and consular services of
countries of origin to develop and implement
• Developing comprehensive and standardized
joint approaches in addressing identified risks.
orientations for migrant workers to
Step 4 understand their rights at all stages of labour 4. Whenever possible, coordinate and collaborate
migration; across sectors, engage government (for
example participating in policy dialogue through
• Upgrading migrant workers’ accommodations
membership in sectoral associations), and use
to provide healthy, safe, hygienic, decent and
effective existing initiatives to prevent and
gender-responsive living conditions (such as in
mitigate systemic risks that are beyond immediate
the context of COVID-19);
control, such as gaps in laws and regulations that
• Providing additional trainings to business create inconsistencies with the human and labour
partners on company relevant policies and rights policies of the enterprise.
good practices to address identified human
rights risks of migrant workers.
Component 2
BUILDING A LABOUR
MIGRATION MANAGEMENT
DUE DILIGENCE
SYSTEM Business enterprises should carry out human rights due diligence to proactively manage potential and actual adverse human
rights impacts that are caused by or linked to their operations, business relationships, products or services. Human rights due
diligence concerns risks to people, not risks to business. Where such risks are unattended, they can turn into serious legal,
financial and reputational risks for business enterprises. As risks can change over time, due diligence must be an ongoing
process, involve meaningful stakeholder engagement and be transparent to the public. Due diligence measures outlined in this
document are tailored to the labour migration process and the common challenges experienced by migrant workers. These
measures should be integrated into and fill gaps in existing company systems.
Components
Policy commitment
Step 3 Key Actions
Track the 1. Put a mechanism in place to check that company 3. Conduct regular social audits and assessments of
implementation and policies, risk mitigation measures and action plans business partners to verify that the human and
Due Diligence Step 1 are being followed by employees and business labour rights policies and risk mitigation measures
results of due
diligence measures partners. are being implemented and adverse impacts have
2. Engage a diverse and representative group been prevented or mitigated. See also Screening,
of migrant workers and their representatives contracting and monitoring of labour recruiters
Remediation Step 2 at all stages of the labour migration process 4. Maintain accurate and transparent records of due
to understand their experience and uncover diligence efforts, conduct regular management
instances where company policies have not been reviews to identify gaps and analyse ongoing
followed by employees and/or business partners. performance and use lessons learned to
Engagement with migrant workers Step 3 Relevant actions relating to migrant workers may continuously improve due diligence process,
include: internal policies and management systems, as well
• Engaging civil society organizations to support as future business practices.
the monitoring of the recruitment and
Step 4 deployment process at the countries of origin;
• Verifying directly with migrant workers upon
their arrival if they have paid any recruitment
fees and related costs;
• Using technology to overcome language
barriers and collect regular worker feedback
on company policies and processes.
Component 2
BUILDING A LABOUR
MIGRATION MANAGEMENT
DUE DILIGENCE
SYSTEM Business enterprises should carry out human rights due diligence to proactively manage potential and actual adverse human
rights impacts that are caused by or linked to their operations, business relationships, products or services. Human rights due
diligence concerns risks to people, not risks to business. Where such risks are unattended, they can turn into serious legal,
financial and reputational risks for business enterprises. As risks can change over time, due diligence must be an ongoing
process, involve meaningful stakeholder engagement and be transparent to the public. Due diligence measures outlined in this
document are tailored to the labour migration process and the common challenges experienced by migrant workers. These
measures should be integrated into and fill gaps in existing company systems.
Components
Policy commitment
Step 4 Key Actions
Communicate how 1. Exercise transparency and share information with 2. Work with relevant stakeholders including a
risks are addressed internal and external stakeholders about company diverse and representative group of migrant
Due Diligence Step 1 policies, identified risks, how the enterprise workers, business partners, expert groups to
addresses and mitigates risks relating to migrant develop strategies to address persistent risks to
workers and the related outcomes. Take due migrant workers.
regard for commercially sensitive information
Remediation Step 2 and publish relevant reports and statements (for
example on the enterprises’ website).
Step 4
Component 3
BUILDING A LABOUR
MIGRATION MANAGEMENT
REMEDIATION
SYSTEM Business enterprises should establish operational-level grievance mechanisms that are accessible to migrant workers and their
representatives in a language they understand. Where harm has occurred, migrant workers must receive fair and effective
remedy. Such remediation should be appropriate and proportional to the severity of the violation and adapted to the
circumstances of each case. Effective grievance mechanisms also present an opportunity for the business enterprise to identify
and address problems early and directly and obtain important information to continuously improve internal policies and
procedures to prevent future harm. However, obtaining direct remediation by the enterprise does not preclude migrant
workers from accessing available regular judicial or labour administrative grievance mechanisms.
Components
For additional guidance on this topic, please refer to
IOM's OPERATIONAL GUIDELINES FOR BUSINESSES ON REMEDIATION OF MIGRANT WORKER GRIEVANCES
Policy commitment
Step 1 Key Actions
Establish or 1. Operate a grievance mechanism that is legitimate, deployment, employment and return. This can be
participate in a accessible, predictable, equitable, transparent achieved by including information on the grievance
Due Diligence Step 1 grievance mechanism and rights-compatible.4 The mechanism should mechanism in vacancy notes and orientations
that is accessible to be based on engagement with migrant workers to migrant workers prior to departure, post-
migrant workers – especially women and groups that might be arrival and during employment, and through
particularly vulnerable or marginalized – in collaboration with trade unions and civil society
Remediation Step 2 its design and implementation to address the organizations in countries of origin.
potential barriers that typically prevent use by 4. Provide multiple channels for migrant workers to
migrant workers (for instance due to fear of learn about the grievance mechanism and lodge
retaliation or deportation, language barriers, complaints in a language they understand. Typical
Engagement with migrant workers Step 3 costs to workers, lack of trust, lack of written grievance channels include direct communications
evidence). with supervisors and human resources, telephone
2. Manage the grievance mechanism in-house or in hotlines, SMS messaging, emails, online platforms
partnership with other stakeholders, including and others.
trade unions and civil society organizations. 5. Take steps to understand and connect migrant
Ensure that the mechanism consists of clear workers to other grievance mechanisms, including
policies and procedures, including the scope for those run by labour recruiters, trade unions,
complaints and remediation, required languages, civil society organizations and governments. Do
timelines and focal points. Provide training for not prevent migrant workers from accessing
focal points to screen and handle complaints, alternative grievance mechanisms such as State-
including from women migrant workers. led mechanisms, and do not engage in retaliatory
3. Ensure that the grievance mechanism is easily practices, such as dismissing individuals who seek
4. United Nations, Guiding Principles on Business and accessible to migrant workers during recruitment, remedies.
Human Rights (2011), Principle 31 on effectiveness
criteria for non-judicial grievance mechanisms.
Component 3
BUILDING A LABOUR
MIGRATION MANAGEMENT
REMEDIATION
SYSTEM Business enterprises should establish operational-level grievance mechanisms that are accessible to migrant workers and their
representatives in a language they understand. Where harm has occurred, migrant workers must receive fair and effective
remedy. Such remediation should be appropriate and proportional to the severity of the violation and adapted to the
circumstances of each case. Effective grievance mechanisms also present an opportunity for the business enterprise to identify
and address problems early and directly and obtain important information to continuously improve internal policies and
procedures to prevent future harm. However, obtaining direct remediation by the enterprise does not preclude migrant
workers from accessing available regular judicial or labour administrative grievance mechanisms.
Components
For additional guidance on this topic, please refer to
IOM's OPERATIONAL GUIDELINES FOR BUSINESSES ON REMEDIATION OF MIGRANT WORKER GRIEVANCES
Policy commitment
Step 2 Key Actions
Provide effective and 1. Investigate allegations and respect the • Organizing and paying for the safe return
prompt remediation confidentiality of migrant workers who wish (including the payment of all outstanding
Due Diligence Step 1 where harm has to remain anonymous, especially in relation to wages and benefits) to the country of origin
occurred sensitive issues such as gender-based violence, or supporting a change of employment where
sexual harassment and women’s reproductive migrant workers wish to terminate their
health. employment.
Remediation Step 2 2. Where the business enterprise finds that harm 3. Consult affected migrant workers and their
has occurred, provide migrant workers with representatives to determine the remedy and
remediation that is commensurate to the give the possibility to appeal the outcome. Where
violation. Such remediation can include apologies, disputes remain unresolved, use a legitimate,
Engagement with migrant workers Step 3 restitution, rehabilitation, financial or non-financial independent third-party mechanism, such as a
compensation and punitive sanctions, as well as labour court or alternative dispute resolution
the prevention of harm through, for example, mechanisms.
injunctions or guarantees of non-repetition. 4. In the event of collective disputes around
Typical remediation provided to migrant workers general standards or rules, engage in collective
may include but is not limited to: bargaining or establish other forms of workplace
• Repaying all recruitment fees and related cooperation between management and workers.
costs that were wrongfully charged to migrant
workers;
• Returning seized passports and other personal
property to migrant workers;
Component 3
BUILDING A LABOUR
MIGRATION MANAGEMENT
REMEDIATION
SYSTEM Business enterprises should establish operational-level grievance mechanisms that are accessible to migrant workers and their
representatives in a language they understand. Where harm has occurred, migrant workers must receive fair and effective
remedy. Such remediation should be appropriate and proportional to the severity of the violation and adapted to the
circumstances of each case. Effective grievance mechanisms also present an opportunity for the business enterprise to identify
and address problems early and directly and obtain important information to continuously improve internal policies and
procedures to prevent future harm. However, obtaining direct remediation by the enterprise does not preclude migrant
workers from accessing available regular judicial or labour administrative grievance mechanisms.
Components
For additional guidance on this topic, please refer to
IOM's OPERATIONAL GUIDELINES FOR BUSINESSES ON REMEDIATION OF MIGRANT WORKER GRIEVANCES
Policy commitment
Step 3 Key Actions
Monitor the 1. Confirm with the migrant workers when the 3. Conduct regular reviews to identify areas for
implementation of remedy has been fully provided and if there improvement in the mechanism and overall
Due Diligence Step 1 remediation and have been any positive or negative outcomes management system to prevent future grievances
capture learnings for (for example better treatment or retaliatory and harms. This should include the feedback
continuous treatment, adequate or inadequate health care or from migrant workers, trade unions, civil
improvements stigma). If negative outcomes are confirmed, take society, business partners and other involved
Remediation Step 2 additional actions to address the remaining issues stakeholders.
before the incident can be closed.
2. Document the grievance handling process and
close the incident. The final documentation
Engagement with migrant workers Step 3 respects privacy principles and includes the
receipt of grievance, investigation and resolution,
and a record of acknowledgment about the
established outcome signed by the affected
migrant worker.
Component 4
BUILDING A LABOUR
MIGRATION MANAGEMENT
ENGAGEMENT WITH MIGRANT WORKERS
SYSTEM Migrant workers are an important resource and partner for employers to guide and assess the management effectiveness of
the labour migration process. The business enterprise should therefore involve migrant workers and their representatives
throughout the design, implementation and continuous improvement of its policies and management systems, due diligence
processes and grievance mechanisms. Including a diverse and representative group of migrant workers (for example in terms
of gender, nationality, ethnicity, ability or other characteristics) is important. Specific support services and partnerships with
recognized third parties can be effective means to address the unique vulnerabilities of migrant workers and resolve persistent
challenges. Ultimately, the close engagement of migrant workers will help build stronger employment relationships between
Components
migrant workers and employers that are based on mutual respect, benefit and trust.
Policy commitment
Step 1 Key Actions
Include migrant 1. Building on the provision of decent employment • Holding managers and supervisors accountable
workers in the design, and working conditions, make continuous for the implementation of internal human and
Due Diligence Step 1 implementation and investments in building employee relationships labour rights policies and procedures, for
monitoring of the with migrant workers that are built on respect example through key performance indicators
enterprise’s policies and trust. This may involve but is not limited to and reviews. See also Equal treatment and
and management the following key actions: opportunity; Safe, decent and respectful work
Remediation Step 2 • Maintaining close communication about environment
systems related to
human rights and internal policies and external developments 2. Proactively consult and engage migrant workers
labour migration affecting migrant workers, including changes of different backgrounds (for example in terms of
in applicable laws and regulations and public gender, nationality, ethnicity, ability, etc.) and their
Engagement with migrant workers Step 3 information announcements during situations representatives in the design and implementation
of crisis; of relevant internal policies, due diligence
• Understanding the needs and challenges of processes and grievance mechanisms.
migrant workers, paying attention to the 3. Ensure that all relevant internal policies, due
different needs and experiences of different diligence processes and grievance mechanisms
gender groups (for instance through regular are inclusive of the specific gender needs of
face-to-face interviews and employee migrant workers.
satisfaction surveys) and promptly resolving
the issues that have been identified;
• Providing individual and group-based incentive
and reward schemes to all employees as part
of the enterprise performance management
(such as through wage increment, bonus
payments, training and growth opportunities);
Component 4
BUILDING A LABOUR
MIGRATION MANAGEMENT
ENGAGEMENT WITH MIGRANT WORKERS
SYSTEM Migrant workers are an important resource and partner for employers to guide and assess the management effectiveness of
the labour migration process. The business enterprise should therefore involve migrant workers and their representatives
throughout the design, implementation and continuous improvement of its policies and management systems, due diligence
processes and grievance mechanisms. Including a diverse and representative group of migrant workers (for example in terms
of gender, nationality, ethnicity, ability or other characteristics) is important. Specific support services and partnerships with
recognized third parties can be effective means to address the unique vulnerabilities of migrant workers and resolve persistent
challenges. Ultimately, the close engagement of migrant workers will help build stronger employment relationships between
Components
migrant workers and employers that are based on mutual respect, benefit and trust.
Policy commitment
Step 2 Key Actions
Provide effective 1. Address existing language barriers with migrant 4. Support migrant workers’ participation in
support services to workers systematically. Ensure that all internal social activities and events available in the host
Due Diligence Step 1 address the specific policies, trainings and briefings, grievance community.
vulnerabilities of mechanisms, employment contracts and other 5. Facilitate access of migrant workers to training
migrant workers relevant documents can be accessed in simple and courses addressing specific identified needs, such
clear languages that are understood by all migrant as to improve their financial education through
Remediation Step 2 workers. It is recommended that the enterprise management of savings and remittances. See also
uses professional translation service providers Payment of wages and benefits
and provides free-of-cost language training for
6. Make use of available communication technologies
migrant workers to learn the local language.
and social media to enhance communication with
Engagement with migrant workers Step 3 2. Establish and maintain a comprehensive information migrant workers, solicit worker feedback and
and orientation system to help migrant workers improve available grievance mechanisms.
understand employment terms and conditions
and their rights during life and work abroad,
and to prevent misinformation, especially during
recruitment. See also Selection of candidates; Pre-
departure and travel; Reintegration support
3. Provide migrant workers with reasonable access
to internet and communication services, including
in dormitories, to enable unhindered contact
with families and support networks.
Component 4
BUILDING A LABOUR
MIGRATION MANAGEMENT
ENGAGEMENT WITH MIGRANT WORKERS
SYSTEM Migrant workers are an important resource and partner for employers to guide and assess the management effectiveness of
the labour migration process. The business enterprise should therefore involve migrant workers and their representatives
throughout the design, implementation and continuous improvement of its policies and management systems, due diligence
processes and grievance mechanisms. Including a diverse and representative group of migrant workers (for example in terms
of gender, nationality, ethnicity, ability or other characteristics) is important. Specific support services and partnerships with
recognized third parties can be effective means to address the unique vulnerabilities of migrant workers and resolve persistent
challenges. Ultimately, the close engagement of migrant workers will help build stronger employment relationships between
Components
migrant workers and employers that are based on mutual respect, benefit and trust.
Policy commitment
Step 3 Key Actions
Collaborate with 1. Establish partnerships with credible third-party 3. Use existing information, support and welfare
credible organizations organizations, including trade unions and civil services available to migrant workers (such as
Due Diligence Step 1 that can help overcome society organizations that are trusted by migrant Migrant Resource Centres, consular services, and
persistent challenges workers. Such partnerships can help improve others).
company policies and management systems, due
diligence measures, communication with migrant
Remediation Step 2 workers, monitoring of recruitment practices and
support during crisis situations.
2. Join collaborative platforms such as sectoral
and industry-level associations to benefit from
Engagement with migrant workers Step 3 access to available resource and training, to learn
from best practices and to participate in policy
dialogue.
PART 3
MANAGING THE
LABOUR MIGRATION
PROCESS
The guidance in this section aligns with the typical stages of the
labour migration process. Depending on individual needs,
employers can refer to specific sections or apply the entire
guidance at various stages of the labour migration process. In
specific contexts (such as countries, applicable migration and
employment laws, economic sectors and situations of crisis), there
could be additional steps to manage the labour migration process
and to address the vulnerabilities of migrant workers.
Open Section
The IOM Returns Task Force report on stranded migrants globally concluding
there were, as of mid-July, 2.75 million stranded migrants globally. © IOM 2020
Contents Additional Resources Terminnology Overview Part 01 Part 02 Part 03 Part 04
Overarching Principles
OVERVIEW A B C
Legal Equal treatment Access to
compliance and opportunity remedy
1.4 Selection of candidates 1.5 Employment contracts 1.6 Pre-departure and travel
Stage 2 Employment
3.1 Change of
employers
3.2 Return to
countries of origins
3.3 Reintegration
support
MANAGING THE LABOUR Legal Equal treatment Grievance Data Crisis preparedness
MIGRATION PROCESS compliance and opportunity mechanisms protection and management
OVERARCHING PRINCIPLES
The principles and key practices outlined in this section must be upheld by employers throughout the management of the labour
migration process. This includes that employers should facilitate a regular migration process in accordance with applicable laws
Overarching principles relating to migration and employment. Migrant workers should enjoy equal treatment with national workers, confidentiality of their
personal data and have access to effective grievance mechanisms and remedy from the onset of recruitment and during employment
and return. As an important lesson learnt during the coronavirus disease pandemic, employers must include migrant workers in their
planning and response to various types of crisis while recognizing the specific risks facing migrant workers.
Recruitment and deployment
Employment
Start
MANAGING THE LABOUR Legal Equal treatment Access to Data Crisis preparedness
MIGRATION PROCESS compliance and opportunity Remedy protection and management
A | LEGAL COMPLIANCE
Stages
Migrant workers are recruited and employed in accordance with applicable laws in origin,
Overarching principles transit and destination countries
Key actions
Recruitment and deployment
1. Understand business and supply chain practices and ensure 4. If appropriate, consider participating in available public
they are compliant with applicable laws and regulations related regularization programmes to identify and hire migrant workers
to recruitment, deployment, migration and employment in already in the destination country.
Employment countries of origin, transit and destination.
2. Obtain relevant government authorizations to hire migrant
workers in countries of origin, transit and destination and prepare
placement orders, (sample) employment contracts and all other
Return or onward migration required documentation in accordance with legal requirements.
See also Employment contracts
3. Secure renewals of required worker documentation (annual
medical certification, visa, passport, work permit) before
expiration.
MANAGING THE LABOUR Legal Equal treatment Access to Data Crisis preparedness
MIGRATION PROCESS compliance and opportunity remedy protection and management
Key actions
Recruitment and deployment
1. Provide all migrant workers, irrespective of their migration status, 3. Provide training to all managers and supervisors, especially those
age, gender, disability, race, ethnicity, nationality, origin or religion involved in recruitment and selection (including labour recruiters)
with the same terms and conditions regarding their employment on their responsibilities in ensuring equal opportunities and non-
Employment as national workers. All decisions related to recruitment, wages, discrimination.
conditions of work, opportunities for promotion, access to 4. Employ migrant workers directly and avoid outsourcing and
training and termination of employment should be based on fair subcontracting arrangements, whenever possible. If this is not
and objective criteria. See also Safe, decent and respectful work possible, ensure subcontracted migrant workers have the same
Return or onward migration environment rights as direct employees of the enterprise.
2. Carry out assessments to determine if discrimination is taking
place within the enterprise. Investigate allegations, take corrective
actions and provide remediation with the involvement of trade
unions and migrant workers’ representatives, and monitor the
implementation of the corrective action plan.
MANAGING THE LABOUR Legal Equal treatment Access to Data Crisis preparedness
MIGRATION PROCESS compliance and opportunity remedy protection and management
C | ACCESS TO REMEDY
Stages
Migrant workers have access to effective remedy throughout all stages of labour migration
Overarching principles
Key actions
Recruitment and deployment
1. Follow the steps outlined in Remediation to ensure that an 2. Inform migrant workers about available grievance mechanisms,
effective operational-level grievance mechanism is available including State-led mechanisms during recruitment and
to migrant workers during recruitment and deployment, deployment, upon arrival and before return. See also
Employment employment and upon return or onward migration. Transparency and access to accurate information, Safe, decent
and respectful work environment, Change of employers.
MANAGING THE LABOUR Legal Equal treatment Access to Data Crisis preparedness
MIGRATION PROCESS compliance and opportunity remedy protection and management
D | DATA PROTECTION
Stages
Key actions
Recruitment and deployment
1. Establish a policy and procedures on data protection which are 4. Store migrant workers’ personal data in a safe and secure way.
in accordance with applicable laws and regulations in countries 5. Inform migrant workers of the purpose for which their personal
of origin and destination. data is collected and stored. Obtain and document informed
Employment 2. Collect only personal information from migrant workers that consent from migrant workers at the time of collection and prior
is legitimately required in relation to their recruitment and to release of their personal data.
deployment, employment and return. 6. Require all business partners to comply with the business
3. Treat any personal information collected from migrant workers enterprise’s data protection policy.
Return or onward migration as confidential and only share on a “need-to-know” basis. This
includes information relating to medical information, complaints
and grievances.
MANAGING THE LABOUR Legal Equal treatment Access to Data Crisis preparedness
MIGRATION PROCESS compliance and opportunity remedy protection and management
Migrant workers’ human and labour rights are upheld during and after crisis
Overarching principles
Key actions
1. In the event of crisis (environmental, political or public health treatment, health care, wage payment, social protection and
crisis, including in the country of origin of migrant workers), living conditions. See also Living conditions, Checklist: Migrant
Recruitment and deployment conduct a rapid assessment of migrant workers’ safety, health, workers’ accommodations
social security, housing and basic needs; develop a systematic 4. Support migrant workers’ wish to return by paying all outstanding
response plan with the involvement of migrant workers; and wages and benefits; organizing and paying for their safe travel
monitor and evaluate the effectiveness of responses to migrant to the country of origin; and consulting with local labour
Employment workers’ needs for improvement. departments and consular services where mobility is restricted
2. Provide access to official, regular and timely information to help due to the crisis.
migrant workers understand the crisis, related risks, measures to 5. Consider placing returned migrants at available operations or
protect themselves and available support services. Information business partners in the country of origin or assisting their
Return or onward migration should be provided in languages that migrants can understand onward migration by offering them employment in another
and disseminated via appropriate methods adapted to migrants’ country. After the crisis abates, if possible and welcomed by
needs and literacy. the migrant workers, rehire and arrange for them to return to
3. Make all efforts, whether independently or in coordination with the same position or an equivalent position remunerated at the
business partners, consular authorities and other stakeholders, same rate.
to uphold standards relating to general safety, equality of
Stage 1
In many cases, migrant workers will be recruited for a job abroad by one or several labour recruiters in their community in
the country of origin. Migrant workers will typically go through a screening and selection process and will be provided with an
Overarching principles employment contract. They will also need to complete several steps, including passing medical tests, obtaining travel documentation
and undertaking pre-departure orientation, prior to their travel to the country of destination. Once in the country of destination,
migrant workers will often complete other steps, including passing additional medical tests, obtaining security clearances and seeking
work permits. This stage of the labour migration process involves many stakeholders in both countries of origin and destination. The
Recruitment and deployment stakeholders include but are not limited to labour recruiters and/or subagents; employment agencies; medical, training, transport
and housing providers; government departments; and the employer.
Employment
Start
Migrant workers are not charged recruitment fees and related costs throughout the entire labour migration process
Overarching principles
Key actions
1. Make a policy commitment to implement the Employer Pays 4. Take proactive due diligence measures to prevent labour
Recruitment and deployment Principle in accordance with the ILO definition of recruitment recruiters from recouping or double-charging additional
fees and related costs. Communicate this commitment to recruitment fees or costs to migrant workers (for example
internal and external stakeholders, including jobseekers and interviews with migrant workers upon their arrival or other
labour recruiters. means to confirm no fees or costs were charged, clearly defined
Employment 2. Include an itemized list of all recruitment fees and related costs sanctions for labour recruiters in the service agreement in the
in the service agreement with the labour recruiter. See also case of such breaches). Where such illegitimate charges were
Guidance note: Recruitment fees and related costs found, fully reimburse migrant workers in a timely manner.
3. Where possible, pay recruitment fees and costs directly and
Return or onward migration avoid that migrant workers fall into financial debt to secure their
employment. When this has not been adhered to, reimburse
migrant workers within 30 days of their arrival at the workplace.
1. Check that the vacancy announcement in the country of origin that this information session is delivered directly by a trained
Recruitment and deployment provides an accurate description of the terms and conditions of and competent representative of the employer. The information
employment and adheres to ethical recruitment principles, such session may include but is not limited to the following topics:
as non-discrimination and prohibiting the charging of recruitment • Working and living abroad
fees and costs to jobseekers.
• Workplace and living environment
Employment 2. Require labour recruiters to monitor the practices of any
• Recruitment and migration process
involved subagents and confirm that accurate and transparent
information is being provided to jobseekers from the start of • Terms and conditions of employment (“Know your rights”)
recruitment. • Occupational health and safety
Return or onward migration 3. Prior to the interview and selection stage, hold an information • Grievance mechanisms
session for jobseekers that outlines the terms and conditions See also Employment contracts; Pre-departure and travel
of recruitment, deployment, employment and return or onward
migration in a language they can understand. It is recommended
Migrant workers voluntarily sign a written employment contract in a language they understand prior to their departure
Overarching principles
Key actions
1. Provide migrant workers with employment contracts that 3. Ensure that the initial employment contract signed by the migrant
Recruitment and deployment include terms and conditions that are clear, accurate, simple, worker prior to departure is not substituted at a later stage for
compliant with applicable laws and in a language the migrant another employment contract with less favourable conditions to
workers understand. See also Checklist: Employment contracts the migrant worker.
2. Establish a clear procedure for the selected candidates to accept
Employment the employment offer and sign their employment contract
well in advance of their departure. Migrant workers are free to
withdraw from the recruitment process at any point.
Migrant workers safely travel from their community origin to their location of work
Overarching principles Key actions
1. In coordination with the labour recruiter, ensure migrant workers 5. Ensure the labour recruiter promptly returns migrant workers’
Recruitment and deployment participate in official pre-departure orientation training in the identity documents upon completion of necessary administrative
country of origin. These orientations are typically a requirement steps (such as processing visas, permits). Labour recruiters
by applicable laws and regulations and provided by public services should be required to keep written logs about their handling of
or accredited organizations and/ or service providers. migrant workers’ personal documents.
Employment 2. In coordination with the labour recruiter, civil society organizations 6. In coordination with the labour recruiter, make all necessary
and trade unions, provide supplementary pre-departure training arrangements for safe travel and lodging for migrant workers
to migrant workers that includes information about their rights from their communities in the country of origin to their
and obligations, travel, working and living conditions, and on accommodation in countries of destination.
Return or onward migration how to access relevant grievance mechanisms. Additional 7. Determine if labour recruiters followed ethical recruitment
trainings should be provided upon arrival at the workplace and principles, by interviewing migrant workers upon their arrival.
accommodation. See also Transparency and access to accurate Where breaches were found, take prompt follow-up action
information (for instance reimbursement of recruitment fees and costs,
3. In coordination with the labour recruiter, monitor medical corrective action with recruiters). See also Recruitment fees and
service providers in the country of origin (and later in country related costs
of destination, if applicable) to ensure any required medical 8. Ensure the safe return of all migrant workers who are unable
examinations are carried out in accordance with applicable to meet the entry and work requirements of the country of
laws and regulations. There should be no pregnancy or human destination or wish to return within the initial period of their
immunodeficiency virus (HIV) tests unless it is required by law. employment.
4. In coordination with the labour recruiter, secure the right type
of visa, exit and entry permits for migrant workers prior to their
departure.
Stage 2
EMPLOYMENT
This is the stage when migrant workers begin their employment at the worksite in the country of destination. Migrant workers can
be direct employees of the business enterprise or employed by a third-party employment agency (such as cleaners and security
Overarching principles guards). Employers of migrant workers have a responsibility of ensuring decent working conditions as well as covering additional
aspects related to migrant worker’s life abroad. Depending on the context, this may include but is not limited to providing general
support to access services available at the host community, overcoming language barriers and providing adequate accommodation
and transport to the worksite.
Recruitment and deployment
Employment
Start
Key actions
Overarching principles 1. Provide comprehensive occupational safety and health training 5. Provide regular training to all supervisors, managers and business
to migrant workers in a language they understand, ensure that partners on the principles of a respectful and intercultural work
all relevant instructions are translated and simple to understand environment.
and that migrant workers have access to adequate health and 6. Establish women’s committees and safe spaces for women,
Recruitment and deployment safety equipment. including women migrant workers, and train professionals to
2. Ensure that workplaces follow up-to-date guidance of local report and investigate cases of gender-based violence and sexual
health authorities regarding mitigating communicable disease harassment.
transmission risks in the workplace, including for COVID-19. 7. Support the integration of migrant workers in the workplace
Employment 3. Make a commitment from the top to demonstrate zero and local community (for instance through free language
tolerance towards various forms of violence and harassment training, social exchanges between all employee groups, and
in the workplace to all employees, including migrant workers the appointment of trained on-site coordinators who speak the
and managers, supervisors and business partners. See also Policy language of both migrant workers and the employer).
Return or onward migration commitment, Equal treatment and opportunity 8. Respect migrant workers’ religious and cultural identities, and
4. Define all types of behaviour that are considered violence and make appropriate facilities available for religious observance;
harassment along with disciplinary rules and procedures in enable access to places of worship and meals that conform with
written form, including mechanisms for prompt follow-up and religious and cultural requirements.
remediation. These rules should include gender-based violence
and sexual harassment and apply to situations linked with work,
including at workplaces, rest/ meal places, sanitary facilities,
during travel/ training, through work-related communication
(including social media), at employer-provided accommodation
and when commuting to and from work. See also Remediation
Overarching principles
Key actions
1. Inform migrant workers of their rights to join or form an 3. Where applicable laws restrict the right to freedom of
association of their choice and right to collective bargaining association of migrant workers, provide alternative ways to
Recruitment and deployment as per applicable laws. Ensure that migrant workers are not have a meaningful, collective dialogue with migrant workers
punished, terminated, threatened, intimidated or harassed for where they can express their concerns, in accordance with the
joining a union or engaging in union activities. law. Such alternatives could include the appointment of migrant
2. Enable trade unions to directly engage with migrant workers worker representatives who genuinely represent the migrant
Employment during recruitment (if possible), upon their arrival and during workers and their interest. Seeking advice from local specialists
employment without management present. on labour laws and industrial relations is recommended.
Migrant workers receive and retain control of fair and regular wages and benefits
Overarching principles
Key actions
1. Pay equal wages to migrant and local workers for work of equal 5. Prohibit the use of wage deductions or monetary fines as
value, regardless of gender, age, nationality, migration status or disciplinary measures, or as a direct or indirect payment for the
Recruitment and deployment other characteristics.6 Wages must meet the legal or industry purpose of recouping recruitment fees and costs or retaining
minimum standards and reflect what is written and agreed employment. See also Recruitment fees and related costs
to in the employment contract. See also Equal treatment and 6. Provide wage advances, loans and saving schemes only if allowed
opportunity by law and requested by migrant workers.
Employment 2. Calculate and communicate wages in a fair and transparent 7. Ensure that all contracts with business partners, including
manner so that migrant workers understand how they are paid. employment agencies and subcontractors, include provisions
3. Pay migrant workers regularly, on time, and directly to their for paying employees on a regular, timely and fair basis (meeting
nominated bank account. This bank account should be in the minimum legal standards) that is consistent with enterprise’s
Return or onward migration migrant worker’s name and not accessible to the labour recruiter policy on payment of wages and benefits.
or employer.
4. Only permit wage deductions and in-kind payments that are
allowed by law and have the written consent of migrant workers.
In-kind payments (for instance accommodation, transport, food)
can only make up a small proportion of the overall wages, should
be valued at a reasonable market rate and appropriate for the
personal use and benefit of migrant workers. See also Freedom
of movement, Living conditions
Migrant workers work voluntarily, in accordance with legal limits on working hours and with sufficient rest time
Overarching principles
Key actions
1. Ensure that migrant workers always work on a voluntary basis, 3. Respect migrant workers’ religious and cultural practices and plan
within legal limits and in line with international labour standards for appropriate altered work modes during religious holidays,
Recruitment and deployment relating to working hours. No migrant workers are made to whenever possible.
work overtime under threat of penalty, dismissal or denunciation 4. Provide migrant workers with the same leave entitlements
to authorities. Overtime cannot be compulsory or used as a (annual leave, public holidays, sick leave, maternity leave and
disciplinary measure, or for failure to meet production quotas or other types of leave) as local workers.
Employment to earn minimum wage.
2. Provide migrant workers with enough rest time in accordance
with applicable laws and relevant international standards. Take
extra-preventive measures during peak seasons or times of crisis,
Return or onward migration particularly in essential sectors.
Overarching principles
Key actions
1. Ensure all migrant workers have possession of their personal 4. Obtain written consent from migrant workers when taking their
documents. Migrant workers must be able to access their personal personal documents and provide migrant workers with a receipt.
Recruitment and deployment documents directly and immediately without restrictions. Keep a written log that clearly outlines the purpose and date
2. At employer-provided accommodation (such as dormitories), when personal identity documents were taken and returned to
provide migrant workers with an individual and secure place to migrant workers.
store their personal documents and valuables. 5. Ensure that business partners (labour recruiters, accommodation
Employment 3. Only request and take possession of migrant worker’s original providers, and others) follow the same practices.
identity documents when required by law for administrative
purposes, such as processing residency permits. Return
documents immediately to migrant workers when no longer
Return or onward migration required.
Migrant workers enjoy freedom of movement beyond their workplace and accommodation
Overarching principles
Key actions
1. Explain and display the rules for entering and exiting the 5. In remote locations, provide migrant workers with regular
workplace and employer-provided accommodation in a language transportation and access to stores, markets and services that
Recruitment and deployment understood by migrant workers. are not operated by the employer or any business partners.
2. Ensure that migrant workers can enter and exit their 6. Ensure any products sold or services provided by employer-
accommodation freely at any time of the day or night. Their operated stores and services are provided at a reasonable price
freedom should not be limited by curfews, security guards or to avoid overcharging of workers as means to recoup wages.
Employment the locking of doors, even when done for their perceived safety. Products should be of good quality and based on the needs of
3. Ensure that workplace exits are unlocked, and that security migrant workers (such as food preferences).
guards and surveillance cameras do not restrict migrant workers’ 7. Ensure migrant workers are free to return to their country
movement. The only exception is for occupational health and of origin during periods of annual or personal leave, or if they
Return or onward migration safety reasons. choose to terminate their employment early. See also Change
4. Allow migrant workers to choose their own means of of employers.
transportation between their workplace and accommodation
and within the community, except in the case of compelling
security reasons. Where migrant workers live or work in remote
locations, provide free-of-cost and regular transportation to
support commute to and from workplaces, including immediate
support during emergencies.
Migrant workers have access to adequate, decent and gender-responsive living conditions
Overarching principles
Key actions
1. Support migrant workers in voluntarily finding their own 5. Seek ongoing feedback from migrant workers about the quality of
accommodation through independent private agencies, public accommodation and how to improve living conditions. Promptly
Recruitment and deployment housing schemes or cooperatives. Migrant workers should not follow up on any difficulties or complaints reported by migrant
be forced to stay in employer-provided accommodation unless it workers, paying attention to any differences based on gender,
is required by law and except in the case of compelling security age, disability or other characteristics.
reasons. 6. Take measures to prevent the spread of illness or disease at
Employment 2. Ensure that migrant workers’ accommodation is safe, hygienic, accommodations including provision of sufficient living space,
decent and comfortable, and meets all legal requirements, adequate ventilation and sufficient cooking, waste disposal and
including relating to fire safety. See also Checklist: Migrant water and sanitation facilities, segregated by gender where
workers’ accommodations appropriate. This includes the provision of separate facilities for
Return or onward migration 3. Provide gender-segregated accommodation and facilities for sick workers and adequate hygienic facilities.
migrant workers, and ensure that there is adequate personal
space and privacy available (for instance, no security cameras at
dormitories or sanitary facilities).
4. Provide regular maintenance and on-site monitoring of
accommodation that is provided by the employer and other
third parties to ensure that the accommodation is clean, decently
habitable and maintained in a good state of repair. The results of
inspection should be recorded and be available for review.
Migrant workers have full access to health care and social protection
Overarching principles
Key actions
1. Provide migrant workers with the same emergency and of the mother or her unborn child, take measures to eliminate
preventative health services as local workers as well as access to the risk or to adapt the conditions of work. If this is not possible,
Recruitment and deployment and provision of health insurance. transfer to lighter work at no reduction in pay or provide paid
2. Provide migrant workers with access to medical services, leave. No pregnant woman should be dismissed or forced to
including mental health and psychosocial support services, and return to her country of origin unless required by applicable law.
applicable social security schemes and benefits. 7. Where the return to country of origin of pregnant women
Employment 3. Pay for the cost of pre-departure, post-arrival and regular migrant workers is a legal requirement, the enterprise should
medical examinations that are required by law. establish a policy and procedures that ensure access to adequate
reproductive health services, payment of all outstanding wages
4. Grant the same paid sick leave entitlements and occupational
and benefits, and safe and dignified return.
protection to migrant workers as local workers in case of
Return or onward migration illness, pregnancy or to care for dependents, without penalty 8. Provide referrals to psychosocial support and counselling
or dismissal. No migrant worker should be dismissed because of programmes to promote mental health and well-being of migrant
temporary illness. workers who may suffer from mental distress and anxiety
because of separation from home, family and support networks.
5. Ensure migrant workers are provided with free access to
Assist migrant workers in maintaining close communication with
emergency treatment covered with appropriate compensation
their families and support networks in the country of origin and
in case of occupational accident or injury.
destination.
6. Treat women migrant workers who become pregnant with
dignity and fairness and provide access to adequate reproductive
health services.7 If the work entails a significant risk to the health
Stage 3
Employment
Start
Overarching principles
Key actions
1. Respect the right of migrant workers to seek employment 2. Ensure that employment contracts and relevant orientations
Recruitment and deployment and change employers at the destination country, or onward (during recruitment and employment) include accurate
migration in accordance with applicable laws and regulations and information about the migrant workers’ rights to change
without restrictions that go beyond the law. employers at the destination country in accordance with
applicable laws, for instance after the completion of the contract
Employment and/ or a given numbers of years.
Migrant workers return safely to their country of origin or move to another country
Overarching principles
Key actions
1. Prior to migrant workers return to their country of origin, pay 2. In coordination with the labour recruiter, facilitate the safe and
Recruitment and deployment all outstanding wages, benefits and any other amount that is still orderly return travel of migrant workers to their communities in
owing to migrant workers. the country of origin, including any government-required exit or
re-entry requirements, and at no cost to migrant workers. See
also Crisis preparedness and management
Employment
Migrant workers return to countries of origin well prepared for reintegration into their communities and local labour markets
Overarching principles
Key actions
1. Seek feedback from migrant workers about their possible 4. Provide migrant workers with documentation that recognizes
Recruitment and deployment interest and availability to be re hired in the future (subject to the skills and competencies they have developed during their
satisfactory performance). employment.
2. Coordinate with the relevant consular services of countries of
origin to provide migrant workers with information about return
Employment and gender-responsive reintegration support services.
3. Collaborate with civil society organizations, trade unions, and/
or labour recruiters to provide training (financial literacy, skills
development, labour market information, migration options,
Return or onward migration counselling services) to migrant workers while they are still at the
workplace to prepare them for their return and reintegration, or
onward migration.
PART 4
SUPPORTING
TOOLS
Open Section
Women working on SodaSteam devices at the SodaStream factory in Israel. © Remy Gieling 2020/Unsplash
Contents Additional Resources Terminnology Overview Part 01 Part 02 Part 03 Part 04
SUPPORTING SUMMARY: This overview follows the labour migration process outlined in this document. In
COMMON CHALLENGES AND line with the steps outlined in the component on human rights due diligence, this
TOOLS overview is designed to support the employer’s risks identification and
RISKS EXPERIENCED BY MIGRANT
assessment process. Part 3 of this guidance on managing the labour migration
WORKERS AT ALL STAGES OF process will support the employer in identifying practical steps to address these
This section provides tools,
LABOUR MIGRATION common challenges and risks experienced by migrant workers.
including checklists, guidance notes
and other useful documents, to
help employers develop and
CHECKLIST:
implement the system, principles This non-exhaustive checklist outlines key provisions that employers can use in
LABOUR RECRUITER
and practices to manage the their service agreements with labour recruiters.
SERVICE AGREEMENTS
labour migration process.
Each tool will open This guidance note supports employers of migrant workers in understanding
in an external PDF
GUIDANCE NOTE: ILO’s definition of recruitment fees and related costs, identifying potential
RECRUITMENT FEES recruitment fees and related costs that may be incurred during the labour
AND RELATED COSTS migration process and determining a transparent and sustainable price for
recruitment with labour recruiters.
CHECKLIST: This checklist outlines key requirements for employers to provide adequate,
decent and gender-responsive living conditions for migrant workers in
MIGRANT WORKERS’
employer-owned or -operated accommodation and standards for spacing at
ACCOMMODATIONS workers’ accommodation.
ADDITIONAL
RESOURCES
Open Section
Contents Additional Resources Terminnology Overview Part 01 Part 02 Part 03 Part 04
Previous Next
INTERNATIONAL GUIDANCE International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
ON SAFE, ORDERLY AND Global Compact for Safe, Orderly and Regular Migration
REGULAR MIGRATION
ILO Migration for Employment Convention, (No.97), 1949
ETHICAL, FAIR AND ILO Private Employment Agencies Convention (No. 181), 1997
RESPONSIBLE RECRUITMENT ILO General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Costs
Previous Next
Danish Institute for Human Rights Human rights impact assessment guidance and toolbox
Remediation
IOM Remediation Guidelines for Victims of Exploitation in Extended Mineral Supply Chains
Shift Remediation, Grievance Mechanisms and the Corporate Responsibility to Respect Human Rights
Impactt Principles and Guidelines for the Repayment of Migrant Worker Recruitment Fees and Related Costs
Previous Next
Labour standards
Interfaith Center for Corporate Responsibility: Best Practice Guidance on Ethical Recruitment of Migrant Workers
Gender
Empowering Women Migrant Workers from South Asia: Toolkit for Gender-Responsive Employment and Recruitment
ILO and IHRB Promoting Fair Recruitment and Employment: Guidance Note for Hotels in Qatar
Previous Next
COVID-19
COVID-19: Guidance for employers and business to enhance migrant worker protection during the current health crisis (Version 2)
COVID-19: Guidance for labour recruiters to enhance migrant worker protection during the current health crisis (Version 1)
KnowTheChain
TERMINOLOGY8
Open Section
8. IOM, Glossary on Migration (Geneva, 2019). Unless otherwise noted, definitions given in this section are drawn from this Glossary.
Contents Additional Resources Terminnology Overview Part 01 Part 02 Part 03 Part 04
Business partners: entities with which a business enterprise has some form of direct and Employment agency: any natural or legal person who provides services consisting of
formal engagement. hiring or engaging migrant workers to make them available to a third party that assigns tasks
and supervises the execution of these tasks.11
Country of destination: the destination for a person or a group of persons, irrespective
of whether they migrate regularly or irregularly. Employer: a person or an entity that engages employees or workers, either directly or
indirectly.12
Country of origin: a country of nationality or of former habitual residence of a person or
group of persons who have migrated abroad, irrespective of whether they migrate regularly Forced labour: work or service which is exacted from any persons under the menace of
or irregularly. any penalty and for which the said persons have not offered themselves voluntarily.13
Debt bondage: the status or condition arising from a pledge by a debtor of their personal Grievance: a perceived injustice evoking an individual’s or a group’s sense of entitlement,
services or those of a person under their control as security for a debt, if the value of those which may be based on law, contract, explicit or implicit promises, customary practice, or
services as reasonably assessed is not applied toward the liquidation of the debt or the general notions of fairness of aggrieved communities.14
length and nature of those services are not respectively limited and defined.9
Grievance mechanism: any routinized, State-based or non-State-based, judicial or
Discrimination: any distinction, exclusion, restriction or preference which is based on any non-judicial process through which grievances concerning business-related human rights
ground such as race, colour, sex, gender, language, religion, political or other opinion, abuse can be raised and remedy can be sought.15
national or social origin, property, birth or other status, and which has the purpose or
effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an Irregular migration: Movement of persons that takes place outside the laws, regulations,
equal footing, of all rights and freedoms. or international agreements governing the entry into or exit from the State of origin, transit
or destination.
Due diligence: an ongoing risk management process that a reasonable and prudent
business enterprise needs to follow in order to identify, prevent, mitigate and account for Labour migration: movement of persons from one State to another, or within their own
how it addresses its adverse human rights impacts. Due diligence includes four key steps: country of residence, for the purpose of employment.
assessing actual and potential human rights impacts; integrating and acting on the findings;
tracking responses; and communicating about how impacts are addressed.10 Labour recruiter: any natural or legal person who performs a licensed recruitment
function, including recruitment agents and employment agents.16
Exploitation: the act of taking advantage of something or someone, in particular the act
of taking unjust advantage of another for one’s own benefit.
9. IOM Glossary on Migration; Adapted from the United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade and Abolition of Practices Similar to Slavery (266 UNTS 3, adopted 30 April 1956, entered into
force 30 April 1957), art. 1(a).
10. United Nations Guiding Principles Reporting Framework, summarizing the United Nations Guiding Principles on Business and Human Rights.
11. IRIS Standard.
12. ILO, General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs (Geneva, 2019).
13. 4 ILO, CO29 – Forced Labour Convention (39 UNTS 55, 1930), art. 2(1).
14. United Nations, Guiding Principles on Business and Human Rights (2011).
15. Ibid.
16. IRIS Standard.
Management system: A management system is the way an organization manages the Remedy: the (legal) processes aimed at redressing the violation of a right, as well as the
different, interrelated parts of its business in order to meet its objectives. For the purpose substantive outcome of such a process.
of this document, a simple management systems framework consists of five elements:
(1) policies, procedures and processes; (2) communication and information management; Remediation: includes apologies, restitution, rehabilitation, financial or non-financial
(3) skills and training: (4) monitoring or measuring; and (5) governance (senior leadership compensation and punitive sanctions, as well as the prevention of harm through, for
buy-in), incentives and continuous improvement. example, injunctions or guarantees of non-repetition.20
Migrant worker: a person who is to be engaged, is engaged or has been engaged in a Subagent: informal and unlicensed individual agents who, working in usually loose
remunerated activity in a State of which that person is not a national. partnerships with labour recruiters, are often the first point of contact for individuals
seeking foreign employment. Subagents charge fees for their services, which distinguishes
Migration: the movement of persons away from their place of usual residence, either them from other individuals within “social networks” that facilitate migration without
across an international border or within a State.17 charging fees.21
Pre-departure orientation programmes: courses designed to help prospective migrants Subcontractor: a person or business (operating as a registered entity) which has a
acquire the knowledge, skills and attitudes needed to facilitate their integration into the contract (as an “independent contractor and not an employee”) with a contractor (labour
country of destination. They also address expectations and provide a safe environment in recruiter) to provide some portion of the work or services on a project which the
which to answer migrants’ questions and concerns. contractor has agreed to perform. The subcontractor is paid by the contractor for the
services provided.22
Recruitment: includes the advertising, information dissemination, selection, transport,
placement into employment and, for migrant workers, return to the country of origin Violence and harassment: a range of unacceptable behaviours and practices, or threats
where applicable. This applies to both jobseekers and those in an employment thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result
relationship.18 in physical, psychological, sexual or economic harm, and include gender-based violence and
harassment; gender-based violence and harassment means violence and harassment
Recruitment fees and related costs: any fees or costs incurred in the recruitment directed at persons because of their sex or gender, or affecting persons of a particular sex
process for workers to secure employment or placement, regardless of the manner, timing or gender disproportionately, and includes sexual harassment.23
or location of their imposition or collection.19
Reintegration: a process that enables individuals to re-establish the economic, social and
psychosocial relationships needed to maintain life, livelihood and dignity and inclusion in
civic life.
17. United Nations, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (2220 UNTS 3, adopted 18 December 1990, entered into force 1 July 2003), art. 2(1)
18. ILO, General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs (Geneva, 2019)
19. Ibid.
20. United Nations, Guiding Principles on Business and Human Rights (2011).
21. IRIS Standard.
22. Ibid.
23. ILO, CO 190 Violence and Harassment Convention (2019); art.1.