25
JUSTICE REFORM
During the pandemic, MFA partners in Indonesia reported struggling to support migrant workers
in filing complaints, for example, as authorities blamed circumstances for their inability to
provide proper assistance; they also reported migrant workers facing more challenges accessing
assistance in destination countries. MFA partners in Oman reported there was no operative
dispute settlement system and thus no effective means to access justice for migrant workers.
(Migrant Forum in Asia, 2021) Such issues have existed and have been highlighted before the
pandemic as well by civil society and migrant communities in countries of origin and destination.
Hence, a major focus of the Wage Theft campaign is to ensure reform of existing justice
mechanisms and the flawed foundations of its creation, to accurately address wage theft and the
conditions that perpetuate it.
Ad-hoc transnational justice mechanisms should be created, particularly to address
grievances of returned migrant workers who did not have the opportunity to submit their
claims before leaving the country of destination.
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Undertaking government-initiated investigations and prosecution of wage theft must
be considered as part of strategic enforcement (Migrant Justice Institute, 2021).
Another way is to have online labour courts to be extended to function transnationally
for workers with legal claims of wage theft.
A specific timeframe within which relevant actors must process grievances should be
defined and a dedicated, fast-track and easily accessible justice mechanism for
migrant workers should be created in both sending and receiving countries. In
addition, a universal migrant rights violation documentation system needs to be
developed that explicitly addresses wage theft and conditions that perpetuate it.
Under bilateral and multilateral frameworks, governmental authorities should commit
to processing migrant workers grievances effectively and expedite resolution
processes. These resolutions should be approached considering the best interest of
the migrant workers and challenge the power imbalances between employers and
employees. When appropriate, national human rights institutions should be consulted
before reaching a decision. (Migrant Forum in Asia, 2021)
A comprehensive coordination committee at the national and local levels should be
created, with the aim to reform existing laws and policies and implement a migrantfriendly justice system. This committee should include members from nongovernmental migrant organisations, to be involved at each stage of the process.
(Migrant Forum in Asia, 2021)
Reform targets must be set at each of the three stages of the wage recovery process:
lodging a wage claim or complaint; obtaining a determination against an employer for
wages owed; and enforcing judgments and ensuring workers can collect payment.
(Migrant Justice Institute, 2021)
Access to transnational justice is thus also a priority and migrant workers, for example, should
be able to give evidence from their home country. Establishing a fund at the missions or at
the ministerial level to provide legal aid, as well as setting up a panel of lawyers to ensure
free/affordable legal services for workers are helpful in this regard (CS & Rajan, 2021)
o Anti-retaliation laws must be considered where employers are prohibited from firing,
suspending or threatening workers of retaliatory action after the worker has filed a
complaint at any grievance mechanism. Trade unions, migrant community associations
may also be considered to represent or file complaints on behalf of workers in
Disclaimer: The figures, statistics within the report are based upon the limited documentation of cases
submitted to the JFWT platform or separately to MFA. It does not intend to implicate any country,
government, industry, employer, etc.