The ILO hosted a webinar on Irregular Labour Migration

Posted at December 1st 2022 12:00 AM | Updated as of December 1st 2022 12:00 AM

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Virtual Roundtable Discussion: Protecting the Rights of Migrant Workers in Irregular Situations

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  • 21st November 2022

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  • Time : 3:00pm - 5:00pm

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Background

Key documents

ILO launches the 2022 Global Media Competition on Labour Migration

Posted at September 20th 2022 12:00 AM | Updated as of September 20th 2022 12:00 AM

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The ILO launches a new phase of the Integrated Programme on Fair Recruitment

Posted at September 13th 2022 12:00 AM | Updated as of September 13th 2022 12:00 AM

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How digital technology can protect migrant workers from forced labour and exploitation

Digital technology can be a game changer in migrant worker protection. But where to start? What digital products are already out there? How to make sure that technology delivers real benefits? A new research under the ILO Fair Recruitment Initiative provides answers.

This infographic report features tips and advice on how to design, develop and promote digital products for migrant workers. It is based on the ILO research “Use of digital technology in the recruitment of migrant workers” (2021).

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Master class on fair recruitment

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

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

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

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The ILO has hosted a virtual Roundtable Discussion on access to justice for recruitment-related abuses

Posted at July 11th 2022 12:00 AM | Updated as of July 11th 2022 12:00 AM

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The ILO hosted a webinar on behavioural insights and immersive experiences to promote fair recruitment

Posted at July 6th 2022 12:00 AM | Updated as of July 6th 2022 12:00 AM

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Fair recruitment and access to justice for migrant workers

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

 

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

• be accessible, affordable, adequate and timely;

• combine preventive, redressive and deterrent elements; and

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

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

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Access to justice for recruitment-related abuses

Recruitment of migrant workers should be conducted in a way that respects, protects and fulfils internationally recognized human rights. When these rights are violated, workers must have the right to access justice and to seek effective remedy.

Recruitment of migrant workers should be conducted in a way that respects, protects and fulfils internationally recognized human rights. When these rights are violated, workers must have the right to access justice and to seek effective remedy.

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